Ankit Kumar Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20892 of 2020 Arising Out of PS. Case No.-340 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== ANKIT KUMAR PATHAK S/O Vipin Kumar Pathak, Resident of Village - Rampur Baghel, P.S. Desari (Sahdei O.P.), District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pranav Kumar Jha, Adv.
For the Opposite Party/s :
Md.Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2020 Heard Mr. Pranav Kumar Jha, learned counsel for the petitioner and Md. Mustaque Alam, learned A.P.P. through Video Conferencing.
Petitioner seeks bail in Mahnar P.S. Case No.340 of 2019 registered under Section 392 of the IPC and under Section 27 of the Arms Act.
The informant alleged that he was returning from IDBI Bank, Mahnar to Customers Services Centre, Bulgani Chowk with Rs.1,50,000/- and when he boarded on his motorcycle and reached near Hasanpur Tinmohani, three persons on Pulsar motorcycle came and snatched the bag from the informant. The miscreants also fired in which the informant
Patna High Court CR. MISC. No.20892 of 2020(3) dt.21-08-2020 2/3 got firearm injury.
Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. The informant did not disclose the name of the petitioner. Even motorcycle's number has not been mentioned in the F.I.R. The informant alleged that the miscreants had come on Pulsar motorcycle but the police recovered Glamour motorcycle bearing Registration No.BR31AE-7377 from the house of the petitioner. The petitioner was arrested and he was remanded in this case on 06.12.2019 and since then the petitioner is in custody but he has not been put on T.I.P. The Investigating Officer did not collect any tangible material showing petitioner's involvement in the alleged crime.
Learned A.P.P, however, opposed the prayer for bail. Having considered the facts that the petitioner is not named in the F.I.R. and the motorcycle used in the crime was Pulsar but the police recovered Glamour motorcycle from the house of the petitioner and the petitioner was not put on T.I.P. although he is in jail for about eight and half months, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.20892 of 2020(3) dt.21-08-2020 3/3 C.J.M., Vaishali, Hajipur in connection with Mahnar P.S. Case No.340 of 2019.
(Prabhat Kumar Jha, J) Harish/- U T