Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21656 of 2019 Arising Out of PS. Case No.-246 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== PANKAJ KUMAR Son of Surendra Das Resident of Mohalla- Loha Ka Pul, Paschim Kashaba, P.S.- Mehandiganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Sharma For the Opposite Party/s :

Mr.Arbind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-04-2019 Heard learned counsel for the parties.

Petitioner had moved earlier before this Court for grant of regular bail but same was withdrawn as contained in Annexure-1.

Petitioner seeks bail in a case registered for the offence punishable under Sections 457, 380 and 511 of the Indian Penal Code.

Informant has alleged that on 27.07.2018 at about 1:45 am thieves entered his house for committing theft but he was caught and he disclosed his name as Pankaj Kumar and thereafter handed over to the police.

It has been submitted on behalf of the petitioner that he

Patna High Court CR. MISC. No.21656 of 2019(2) dt.17-04-2019 2/2 is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 27.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Khajekalan P.S. Case No. 246 of 2018, with following conditions:- (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 shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(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) ranjan/- U