Pankaj Yadav @ Pankaj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31651 of 2020 Arising Out of PS. Case No.-129 Year-2020 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== PANKAJ YADAV @ PANKAJ KUMAR YADAV S/O Sukhram Yadav R/O Village Chhawon, P.S. Durgawati, District Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mrs.Pronoti Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Durgawati P.S. Case No. 129 of 2020, Gr. No. 883 of 2020 registered for the offence punishable under Section 395 of the Indian Penal Code and later on Section 412 of the Indian Penal Code.
The petitioner is in custody since 30.05.2020. The F.I.R. was registered against unknown on the basis of written report of a truck driver alleging that six persons riding in three motorcycles had intercepted the truck, which he was driving and robbed of a sum of Rs. 13,000/-, a mobile phone, certain papers, ATM card, etc.
Patna High Court CR. MISC. No.31651 of 2020(3) dt.08-02-2021 2/2 Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has been apprehended merely on the basis of information furnished secretly by a spy. There has been no recovery of any incriminating material from the petitioner's possession. He has further submitted that a motorcycle has been shown to have been recovered from the petitioner's house but there is no material collected to show as to how the said motorcycle is connected with the commission of the offence.
Considering the facts and circumstances noticed above and the fact that the petitioner is in custody since 30.05.2020, this application is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in Durgawati P.S. Case No. 129 of 2020, Gr. No. 883 of 2020. (Chakradhari Sharan Singh, J) AKASH/- U T