Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29127 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Pankaj Kumar son of Ram Naresh Bhagat, resident of Village- Narwara Kashichapra, P.S.-Baruraj, District- Muzaffarpur. ... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar, Advocate. For the Opposite Party/s : Mr. Sri Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 30.03.2016 in connection with Baruraj P.S. Case No. 27 of 2016 registered for offences under Sections 412 and 414 of the Indian Penal Code. The prosecution story, in brief, is that the informant while going towards Ramdayalu from Sahebganj on motorcycle bearing DL 75 BB 0865(T.V.S Star City Black Color), three persons from one green motorcycle intercepted him at Chanahi Chauk at about 7 p.m. and stopped him and snatched two mobile and motorcycle. On behalf of the petitioner, it is submitted that the petitioner is in custody since 30.03.2016. Charge-sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner is not named in the FIR. His name has come on confessional statement of the co-accused. No Test

Patna High Court Cr.Misc. No.29127 of 2016 (3) dt.01-09-2016 2/2 Identification Parade has been conducted. From perusal of the seizure list it is evident that the motor cycle in question has not been recovered from the possession of the petitioner rather it has been recovered from the possession of co-accused Sujit Kumar. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No. 27 of 2016.

(Sudhir Singh, J) Prakash/- U T