Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34069 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- TARAIYA District- Saran ====================================================== PANKAJ KUMAR S/o Upendra Kumar R/o village- Kistipur, P.S.- Masaurhi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 No one appears on call.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The case is registered under Section 379 of the IPC in connection with Taraiya P.S. Case No.357 of 2021. As per the prosecution story, the informant was moving from Patna to Meerganj and as he parked his vehicle outside a hotel, the same was taken away by the accused persons. The further allegation is that the van was carrying biscuits.

As per the averment made in the bail application, the name of the petitioner has come in the confessional statement of Rohit Kumar and subsequently it has been alleged that before the police, he made his confession. However, as per the further averment, neither anything has been recovered from his

Patna High Court CR. MISC. No.34069 of 2022(2) dt.12-09-2022 2/3 conscious possession nor TI Parade has been done in the matter. Considering the aforesaid facts that he is in custody since 15.01.2022 and no TI Parade has been done nor anything has been recovered from his conscious possession, this court is inclined to grant him privilege of bail after framing of charges in view of the fact that he has criminal antecedent. Let the petitioner be released on bail after framing of charges on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Taraiya P.S. Case No.357 of 2021 to the satisfaction of learned Sub-Judge, Saran at Chapra, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;

Patna High Court CR. MISC. No.34069 of 2022(2) dt.12-09-2022 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T