Pankaj Rai @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32660 of 2021 Arising Out of PS. Case No.-124 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== PANKAJ RAI @ PANKAJ KUMAR Son of Mohan Ray Resident of Village - Arnia, P.S.- Jandaha, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Mr. Nityanand, Advocates For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-03-2022 Heard Mr. Ansul, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Jandaha PS Case No. 124/2019 registered for the offences punishable under Sections 13(1) (a) (b) of UAPA Act and Section 25(1-b)a/26/27 of the Arms Act.
As per First Information Report, the police got a secret information, that some criminals belonging to Naxal groups have assembled near mango orchard and are planning to extort levy for the purpose of establishing their hegemony, raided the place of occurrence and arrested one Rohit Sahni and Sonu Sahni and some other accused persons succeeded in
Patna High Court CR. MISC. No.32660 of 2021(4) dt.08-03-2022 2/3 fleeing away and the arrested accused persons disclosed the name of petitioner and others.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of disclosure of his name by the arrested accused persons, Rohit Sahni and Sonu Sahni. He further submits that co-accused, Rohit Sahni and Sonu Sahni have been granted bail by coordinate Benches of this Court vide Cr. Misc. Nos. 59033 and 54966 of 2019 and other accused persons who succeeded in fleeing away have also been granted bail vide Annexure-3 series. He next submits that petitioner is in custody since 23.11.2020, charge-sheet has already been submitted in the matter.
Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted bail by Co-ordinate Benches of this Court, petitioner is in custody since 23.11.2020 and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to
Patna High Court CR. MISC. No.32660 of 2021(4) dt.08-03-2022 3/3 do so on two consecutive dates, his bail bonds will be liable to be cancelled.
Accordingly, let the petitioner, PANKAJ RAI @ PANKAJ KUMAR be released on 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 Sub-Divisional Judicial Magistrate, Hajipur, Vaishali in connection with Jandaha PS Case No. 124/2019.
(Anil Kumar Sinha, J) perwez U T