Pankaj Singh @ Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21520 of 2024 Arising Out of PS. Case No.-207 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Abhijeet Kumar @ Ajay Kumar @ Ajay Rai@ Ajay Rai Patnawala SON OF BYAS BHAGAT RESIDENT OF VILLAGE- KHAJURIYA, PSGOVINDGANJ, DISTT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28247 of 2024 Arising Out of PS. Case No.-207 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Md. Khurshid Alam S/O Abdul Kadir Resident of village- Bakari, P.SKhodabandpur, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 34744 of 2024 Arising Out of PS. Case No.-207 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Pankaj Singh @ Pankaj Kumar Singh SON OF LATE RAM NATH PRASAD SINGH RESIDENT OF VILLAGE- KAKRA, P.S.- NAUGACHIA, DISTTBHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 21520 of 2024) For the Petitioner/s :
Mr.N. A. Shamsi For the Opposite Party/s :
Mr.Rajendra Prasad Nat (In CRIMINAL MISCELLANEOUS No. 28247 of 2024) For the Petitioner/s :
Mr.N A Shamsi For the Opposite Party/s :
Mr.Kumar Veerendra Narayan (In CRIMINAL MISCELLANEOUS No. 34744 of 2024) For the Petitioner/s :
Mr.Amrendra Kumar For the Opposite Party/s :
Mr.Shailendra Kumar Singh
2/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2024 Re: Cr. Misc. No. 28247/2024 Heard leaned counsel for the petitioner and learned APP for the State.
2. Learned counsel for the petitioner submits that due to inadvertence, he could not mentioned that date of custody of the petitioner, therefore, he seeks short adjournment.
3. Permission granted.
4. Let this case be de-tagged and listed seprately on 26.07.2024 Re: Cr. Misc. No. 21520 of 2024 and Cr. Misc. No. 34744 of 2024.
Heard counsel for the petitioners and APP on behalf of the State.
2. The petitioners seeks regular bail in connection with Khagaria P.S. Case No. 207 of 2022 lodged on 10.03.2022 under Section 395 and 397 of the Indian Penal Code.
3. As per the prosecution case, F.I.R. has been lodged against six named accused persons including the present petitioners against whom there is an allegation that they have committed dacoity in the Bank and looted Rs. 40,72,799/- from Bandhan Bank, Madhubani.
3/4
4. Learned counsel for the petitioners submits that the petitioners are innocent and has committed no offence. Counsel further submits that nothing incriminating has been recovered from the possession of the petitioners. He also submits that no T.I.P. has been conducted. The name of the petitioners have been figured in this case only by virtue of confessional statement of the co-accused. Counsel further submits that the criminal antecedent of the petitioner of the Criminal Miscellaneous No. 21520 of 2024 is not clean and there are seven cases pending against him. He is on bail in three cases and for the rest cases, there is no information in the bail petition. The petitioner is in custody since 09.08.2023.
5. The criminal antecedent of the petitioner of the Criminal Miscellaneous No. 34744 of 2024 is not clean and there are six cases pending against him in which he is on bail. The petitioner is in custody since 11.10.2023.
6. Learned counsel for the petitioner further submits that bail has been granted to the other accused persons by the co-ordinate Bench of this Court vide order dated 12.01.2024 passed in Cr. Misc. No. 86673 and vide order dated 08.09.2023 passed in Cr. Misc. No. 45543 of 2023.
7. Learned APP for the State opposes the prayer for
4/4 bail and submits that in different paragraphs confession has come and the accused persons have been identified in the CCTV footage, and this fact has come in paragraph 140 of the case diary. Counsel further submits that those persons who have been granted bail having less antecedents than the petitioners of the present case.
8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioners.
9. Accordingly the bail applications of the petitioner of Cr. Misc. No. 21520 of 2024 and petitioner of Cr. Misc. No. 34744 of 2024 are hereby rejected.
(Dr. Anshuman, J) Sunnykr/- U