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Patna High CourtCR. MISC./38950/2021bail granted

Pankaj Kumar v. The State Of Bihar

2022-03-30Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38950 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== PANKAJ KUMAR S/o Sahev Sahni R/o Vill- Nonpur, P.S.- Teghra, Dsit. Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey, Advocate.

For the Opposite Party/s :

Mr. Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Beerpur P.S. Case No. 171 of 2020 for the offence punishable under Sections 394 and 397 of the Indian Penal Code. The prosecution story, in brief, is that four accused persons committed robbery in IDBI Bank and looted cash amounting Rs. 6, 65, 570/-. The F.I.R. is against unknown. Learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody since 08.01.2021. He has been implicated in this case on the basis of information

Patna High Court CR. MISC. No.38950 of 2021(4) dt.30-03-2022 2/3 given by a spy in course of investigation. Nothing has been collected against the petitioner apart from that. He further submits that no T.I.P. has been conducted till date. There is no allegation of tampering with the evidence or influencing the witnesses.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of allegation made against the petitioner and period of custody, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Begusarai in connection with Beerpur P.S. Case No. 171 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.38950 of 2021(4) dt.30-03-2022 3/3 to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T