Pankaj Yadav @ Pankaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18088 of 2020 Arising Out of PS. Case No.-30 Year-2019 Thana- BAUNSI District- Banka ====================================================== PANKAJ YADAV @ PANKAJ, son of Late Manoranjan Yadav, Resident of Village- Lalpur, P.S. Saraiyahat, District -Dumka (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant who is working in a Small Finance Bank, Bounsi, was coming on his motorcycle after collecting the cash for depositing in the main Branch ESAF Small Finance Bank, Bounsi, when at about 11:30 A.M., 2-3 persons came and pushed him as a result he fell down on the ground and other person snatched his bag on strength of Arms

Patna High Court CR. MISC. No.18088 of 2020(2) dt.10-06-2020 2/3 containing Rs. 47,555/-, a Samsung Galaxy Tab, purse, ATM Card, Voter ID, owner book. All three accused persons covered their face with black cloths.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR nor any incriminating article has been recovered from the possession of the petitioner. The name of the petitioner has surfaced on the basis of confessional statement of other co-accused. Petitioner is in custody since 27.05.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bounsi P.S. Case No. 30 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his

Patna High Court CR. MISC. No.18088 of 2020(2) dt.10-06-2020 3/3 absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/rajiv U T