Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29988 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Pankaj Kumar, Male, aged about 24 years, S/o Ganesh Prasad @ Ganesh Yadav R/o vill - Nari Kishunpur, P.S. - Noorsarai, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar Sinha For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Asthawan P.S. Case No.-276 of 2023 registered for the offence under Sections 401, 414, 419, 467, 468, 471 and 120(B)/34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, it is a case of recovery of some arms.

4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that one country made pistol and three live cartridges and also one TVS motorcycle bearing registration no.BR52B-

Patna High Court CR. MISC. No.29988 of 2024(2) dt.19-04-2024 2/3 9516 were also recovered from the possession of the petitioner and the said motorcycle belongs to the relative of the petitioner. Similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.17992 of 2024 on 14.03.2024. Petitioner is in custody since 28.10.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Asthawan P.S. Case No.276 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of I/c. Judicial Magistrate 1st Class, Nalanda at Biharsharif/concerned Court. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of

Patna High Court CR. MISC. No.29988 of 2024(2) dt.19-04-2024 3/3 framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T