Pandav Raut @ Pandit Kumar Raut @ Pandav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23716 of 2025 Arising Out of PS. Case No.-19 Year-2023 Thana- BANKA District- Banka ====================================================== Pandav Raut @ Pandit Kumar Raut @ Pandav Kumar S/O Upendra Raut R/O Village- Kamaldih, P.S- Banka, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner as well as the learned counsel for the respondent-State.

2. The petitioner seeks regular bail in connection with Banka P.S. Case No. 19 of 2023 for the alleged offences punishable under Section 395, 397 of I.P.C. and 25(1-B)a, 26, 27 and 35 of the Arms Act.

3. According to the case of prosecution, at the time of incident, it is alleged that the present applicant along with four other co-accused persons came on the spot from behind the victim and allegedly they looted Rs. 1,50,000/- from the victim on gun point.

4. It is submitted by the counsel for the petitioner that the petitioner is innocent and is falsely implicated in this case only on the basis of the confessional statement made by the co-

Patna High Court CR. MISC. No.23716 of 2025(2) dt.01-05-2025 2/3 accused Kundan Kumar and Etbari Rai. He further submits that both the co-accused persons namely Kundan Kumar and Etbari Rai had already been granted regular bail by the Co-ordinate Bench of this Court vide Order dated 10.10.2023 and 28.06.2023 respectively. He further submits that in the FIR name of the accused/applicant is not mentioned, he is in custody since 19.09.2024 and no Test Identification Parade (T.I.P) has been conducted by the prosecution till today. Therefore, it is prayed that on these grounds he may be granted the benefit of bail.

5. Learned counsel for the respondent-State opposes the argument made by the counsel for the petitioner and submits that the applicant has two previous antecedent, therefore, his prayer for bail may be rejected.

6. Considering the submissions made by the counsels and further considering the fact that the main allegation of the alleged loot has been made against Kundan Kumar, Dhananjay Kumar Yadav and Etbari Rai and all of them had already been granted regular bail by the Co-ordinate Bench of this Court and further considering the fact that in the FIR name of the petitioner has not been mentioned and no T.I.P. has been conducted till now by the prosecution. I am of the view that the

Patna High Court CR. MISC. No.23716 of 2025(2) dt.01-05-2025 3/3 petitioner should be enlarged on bail, the petitioner, above named, is directed to be released on bail in connection with Banka P.S. Case No. 19 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties to the like amount each to the satisfaction of the Additional District & Sessions Judge - I - cum- Spl. Judge SC/ST (POA), Act, Banka.

(Arvind Singh Chandel , J) Siddharth Soni/- U T