Pankaj Kumar @ Pankaj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42389 of 2021 Arising Out of PS. Case No.-304 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== PANKAJ KUMAR @ PANKAJ MAHTO Son of Kailash Mahto Resident of Village - Simariyaghat Bind Toli, P.S.- Barauni, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2022 Heard Mr. Randhir Kumar No.1, learned counsel for the petitioner and Mr. Md. Matloob Rab, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Barauni PS Case No. 304/2020 registered for the offence punishable under Sections 392, 397 of the IPC, under Section 25(1-b) a/ 26 of the Arms Act.

The allegation in a nutshell is that the four masked miscreants entered into the jewelry shop of the informant and looted ornaments and cash to the total value of Rs. 3 Lacs on the gun point.

Learned counsel for the petitioner submits that in the First Information Report, the informant has claimed that he can identify the miscreants but when the petitioner was put on Test

Patna High Court CR. MISC. No.42389 of 2021(4) dt.28-04-2022 2/3 Identification Parade, he was not identified by the informant which would be evident from Annexure-2 to this application. Learned counsel next submits that the name of the petitioner has transpired on the basis of confessional statement of a co-accused, namely, Ramgati @ Larha from whose possession the looted article was recovered and no looted article has been recovered from the possession of the petitioner and he is in custody since 13.10.2020. He next submits that a similarly situated accused person, Dular Kumar, who was also put on TIP and was not identified by the informant, has been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 29992/2021. One another co-accused person, namely, Durga Kumar has been granted bail by this Court vide Cr. Misc. No. 29088/2021.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 13.10.2020, similarly situated co-accused persons have been granted bail by this Court and the petitioner has not been identified by the informant on TIP, I am inclined to grant regular bail to the petitioner subject to the conditions that (1) petitioner will cooperate with the trial properly and (2) the petitioner will be well

Patna High Court CR. MISC. No.42389 of 2021(4) dt.28-04-2022 3/3 represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

Accordingly, let the petitioner, PANKAJ KUMAR @ PANKAJ MAHTO be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned JMFC, Begusarai/the court concerned in connection with Barauni PS Case No. 304/2020.

(Anil Kumar Sinha, J) perwez U T