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Patna High CourtCR. MISC./19436/2020bail granted

Pankaj Kumar v. The State Of Bihar

2020-06-10Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19436 of 2020 Arising Out of PS. Case No.-53 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Pankaj Kumar, aged about 30 years (M), Son of Umesh Chaudhary Resident of Village- Chaturi Punas, P.S. Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-06-2020 Heard Mr. Hari Kishore Thakur , learned counsel for the petitioner and Mr. Pranav Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 53 of 2020 registered for the offence punishable under Section 400, 401, 402, 414 and 34 of the Indian Penal Code, 1860 and Section 20 and 22 of the N.D.P.S. Act.

The allegation against the petitioner is that the Police on the basis of secret information proceeded towards the place of occurrence and apprehended seven persons including this petitioner and from the pocket of the petitioner a Samsung mobile and key ring were recovered, whereas, from the possession of other co-accused persons one Pulsar motorcycle,

Patna High Court CR. MISC. No.19436 of 2020(2) dt.10-06-2020 2/3 Ganja, mobiles, key rings etc. were recovered. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged. Learned counsel further submits that petitioner has got no criminal antecedent and the mobile which was recovered from his pocket was purchased by the petitioner from Md. Shamim. Learned counsel further submits that similarly situated coaccused person Rajeev Kumar @ Rajeev Chaudhary has been granted bail by this Court in Cr. Misc. No. 18545 of 2020. The petitioner is in custody since 15.01.2020.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got no criminal antecedent and similarly situated co-accused person has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Muzaffarpur in connection with Ahiyapur P.S. Case No. 53 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding

Patna High Court CR. MISC. No.19436 of 2020(2) dt.10-06-2020 3/3 lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T