Pankaj Kumar @ Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26987 of 2024 Arising Out of PS. Case No.-1115 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Pankaj Kumar @ Pankaj Singh, S/O Late Ramnath Singh, R/O VillagePakra, P.S- Naugachia, Distt.- Bhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Adv.
For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with K. Hat (Maranga) P.S. Case No. 1115 of 2021 dated 28.11.2021 registered for the offence punishable under Section 392 of the Indian Penal Code.
3. As per the prosecution story, the informant's vehicle was snatched by some unknown miscreants from the alleged place.
4. The main submissions advanced by learned counsel for the petitioner are that the FIR was lodged against four unknown persons and during investigation one, namely, Abhishek Kumar was arrested who revealed the role of this petitioner in the alleged crime but except the said confessional statement of the accused, there is no any other material against this petitioner and the said co-accused has been granted bail by a co-ordinate Bench
Patna High Court CR. MISC. No.26987 of 2024(2) dt.28-06-2024 2/3 of this Court vide order dated 05.09.2022 passed in Cr. Misc. No. 33292/2022. Learned counsel further submits that nothing has been recovered from conscious possession of this petitioner and the seized articles have been recovered from the house of another person namely Pankaj Singh, son of Sitaram Singh and this petitioner has been implicated in this case merely because his name is identical to the above-named person from whose house the seized articles were recovered and the said articles were not matched with the looted articles and the petitioner has been falsely implicated in this case and he has been languishing in jail since 17.10.2023.
5. Learned APP appearing for the State has opposed the bail prayer.
6. Considering the above submissions and mainly taking into account petitioner's plea that nothing has been recovered from the conscious possession of the petitioner and his name transpired in this case mainly on the basis of confessional statement of co-accused who has been granted bail by a co-ordinate Bench of this Court, this Court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.26987 of 2024(2) dt.28-06-2024 3/3 each to the satisfaction of the concerned Court in connection with K. Hat (Maranga) P.S. Case No. 1115 of 2021. (Shailendra Singh, J) annu/- U T