Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22644 of 2023 Arising Out of PS. Case No.-74 Year-2022 Thana- SIMULTALLA District- Jamui ====================================================== Pankaj Kumar Son Of Mahendra Yadav Resident Of Village - Pyarpher, P.S. - Simultala, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

02. Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

03. In the present case, the petitioner seeks bail in connection with Simultala P.S. Case No. 74 of 2022 registered on 09.08.2022 for the alleged offences under Section 392 of the Indian Penal Code.

04. As per prosecution case, the informant, who has been working as Field Staff in Bharat Finance Inclusion Limited, was returning after attending a meeting collecting money when two miscreants wearing masks and one miscreant without mask stopped the motorcycle of the informant. They

Patna High Court CR. MISC. No.22644 of 2023(2) dt.19-05-2023 2/3 snatched the money, Tablet, Biometric Machine, mobile phone and motorcycle of the informant at gun point. Later on, the name of the petitioner transpired as one of the accused persons involved in the said offence.

05. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has been made accused in this case on the basis of confessional statement of co-accused Aman Kumar. Nothing incriminating has been recovered from the possession of this petitioner. The petitioner was even granted bail by the lower court in the case in which confession of co-accused Aman Kumar was recorded. The petitioner is in custody since 28.11.2022 and charge-sheet has been submitted.

06. Learned APP for the State opposes the prayer for bail.

07. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.22644 of 2023(2) dt.19-05-2023 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jamui in connection with Simultala P.S. Case No. 74 of 2022 subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T