Ganesh Kumar @ Nanki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25516 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- BEUR District- Patna ====================================================== GANESH KUMAR @ NANKI SON OF VISHWANATH VISHWAKARMA RESIDENT OF VILLAGE- GANDHI MURTI GALI, P.S.- BUDHA COLONY, DISTRICT- PATNA ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-02-2022 None appears on behalf of petitioner.

Sri Nand Kumar, learned A.P.P. for the State submits that it appears that petitioner is not willing to press this application and as such the matter be finally disposed of on its own merit.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 19.10.2020 seeks regular bail in connection with Beur P.S. Case No. 154 of 2020, for the offence punishable under Section 395 of Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Patna.

The prosecution case, in brief, is that the Branch Manager of P.N.B. Bank, New Bypass Road, Anishabad, while

Patna High Court CR. MISC. No.25516 of 2021(7) dt.21-02-2022 2/3 he was in his chamber at about 3.10 P.M, 6-8 unknown persons forcibly entered into the branch and on the point of weapon cut the wire of CC Tv and forcibly robbed Rs. 52,58,500 from the bank.

Perused the pleadings made in the bail application, the petitioner pleaded his innocence and has stated that F.I.R. is against unknown and so far as the present petitioner is concerned, he has no concern with the alleged incident. No T.I.P. has been done till date and there is no independent witness, who has disclosed the name of petitioner. The petitioner, in paragraph No. 13, has stated that petitioner is in custody since 19.10.2020 without committing any offence and has pleaded to be released on bail.

Sri Nand Kumar, learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner and submits that petitioner is a history-sheeter and he has been made accused for similar allegation in several other cases pending against him. He further submits that from the F.I.R. the allegation is of robbery of Rs. 52,58,500/- from the bank. He further submits that the petitioner has admitted in his confessional statement that he was one of the member of the gang, who has committed robbery in the bank, which is also

Patna High Court CR. MISC. No.25516 of 2021(7) dt.21-02-2022 3/3 substantiated by the seizure-list, where Rs. One Lakh has been recovered from the possession of the petitioner, while his house was raided by the Police personnel as such the petitioner does not deserve to be released on bail.

Considering the aforementioned facts and circumstances of the case, the petitioner being the historysheeter and several cases of similar allegations are pending against him, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for grant of bail to the petitioner, above named, is rejected.

(Purnendu Singh, J) manish/- U T