Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23647 of 2024 Arising Out of PS. Case No.-405 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Pankaj Kumar S/o Rajkumar Singh R/o Vill - Harinarayanpur, P.S. - Kudhani, Distt. - Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 405 of 2023 registered for the offences punishable under Sections 414, 419, 420, 462, 465, 467, 468, 471, 474 and 120B of the Indian Penal Code.

3. As per prosecution case, the allegation against the accused petitioner is of being involved in conducting fraud of withdrawing money from various ATMs of different persons with co-accused Pramod Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has

Patna High Court CR. MISC. No.23647 of 2024(3) dt.14-05-2024 2/3 been recovered from the conscious possession of the petitioner. The petitioner is neither owner nor rider of the alleged motorcycle from which the POS machine and ATM cards were recovered. The petitioner has been implicated in this case on the basis of confessional statement of the apprehended co-accused Pramod Kumar. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern with the alleged occurrence.

5. Learned counsel for the petitioner further submits that the co-accused Pramod Kumar has been granted regular bail by this Court vide order dated 02.05.2024 passed in Cr. Misc. No. 33438 of 2024.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner, submitting that the petitioner has one criminal antecedent of similar nature of offence.

7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.23647 of 2024(3) dt.14-05-2024 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Lalganj P.S. Case No. 405 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) rishi/- U T