Pankaj Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30910 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- NAYA RAM NAGAR District- Munger ====================================================== Pankaj Kumar Das S/O Bashishth Das R/O Village- Gobadda, P.S- Haveli Kharagpur, Distt.- Munger ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the State :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Naya Ram Nagar P.S. (Safia) P.S. Case No. 245 of 2022 registered for the offence punishable under Section 25(1-b)a/26 (i) (ii)/35 of the Arms Act.

As per prosecution case, the allegation against the petitioner is that a country made pistol and a mobile were recovered from his possession and from the possession of other co-accused persons also country made pistols and mobiles were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The seizure of country-made pistol is a planted story. There is no eye witness or any independent witness to support the version of the informant. The petitioner has no criminal antecedent and is in jail custody since 04.12.2022. Charge-sheet has already been filed

Patna High Court CR. MISC. No.30910 of 2023(2) dt.15-06-2023 2/2 and there is no chance of absconding of the petitioner or tampering with the evidence.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 1st, Munger in connection with Naya Ram Nagar P.S. (Safia Sarai) P.S. Case no. 245 of 2022 with following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned (Sunil Dutta Mishra, J) shweta/- U T