Pankaj Kumar @ Pankaj Sharma @ Karan Kumar @ Dharmendra Sharma @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33413 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== Pankaj Kumar @ Pankaj Sharma @ Karan Kumar @ Dharmendra Sharma @ Dharmendra Kumar son of Late Tripet Narayan Sharma, Resident of Mathurapur, P.S.- Bidupur, Dist.- Vaishali, at present A.G. Colony, Nand Kishore Naryan Sinha House No.A/223 (Rentar) Baba Chauk, P.S.- Shastri Nagar, Dist.- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Kumar Pathak, Advocate For the Opposite Party :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Shashtri Nagar P.S. Case No.122 of 2019 registered under Sections 399 and 402 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that none of the ingredients of Section 399 or Section 402 of the Indian Penal Code are attracted in the present case. There is no material on the basis of which it can be said that the petitioner was engaged in making preparation for committing dacoity. There is also no material to support that the petitioner had assembled with some other persons for the purpose of

Patna High Court CR. MISC. No.33413 of 2019(2) dt.21-05-2019 2/3 committing dacoity. Recovery of Khukhri from possession of the petitioner would not make out any criminal case against the petitioner as Khukhri is not a prohibited weapon and is easily available in open market.

Learned counsel for the State submitted that the petitioner was talking together with three others and on seeing the police party they started fleeing away. On chase, they were caught and from possession of the petitioner one Khukhri was recovered.

Be that as it may, considering the submissions advanced at the Bar, the period undergone by the petitioner in custody and the fact that custodial interrogation of the petitioner is not warranted, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Patna in connection with Shashtri Nagar P.S. Case No.122 of 2019 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

Patna High Court CR. MISC. No.33413 of 2019(2) dt.21-05-2019 3/3 dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Md. S/- U T