Pankaj Kuamr @ Pankaj Kumar Ria @ Pankaj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40227 of 2024 Arising Out of PS. Case No.-303 Year-2019 Thana- TARAIYA District- Saran ====================================================== Pankaj Kuamr @ Pankaj Kumar Ria @ Pankaj Rai S/O Rajeshwar Rai R/O Village- Paiga, P.S- Amnaur, Distt.- Saran.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok For the Opposite Party/s :
Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 4.10.2019 at about 8.30 A.M. during vehicle checking, near Chanchalia Dam, one Sunil Kumar Yadav was apprehended with a stolen motorcycle, who disclosed that the said motorcycle was given to him by the petitioner and Santosh Rai, who sells the stolen motorcycle, thereafter, the informant raided the house of Santosh Rai and the petitioner but then one white colour Apache motorcycle was recovered from the house
Patna High Court CR. MISC. No.40227 of 2024(2) dt.31-08-2024 2/3 of Santosh Rai and nothing was recovered from the house of the petitioner. It is next submitted that the petitioner came to be implicated based on the confessional statement of apprehended accused in police custody, which does not have any evidentiary value. It is also submitted that even the motorcycle, which was recovered from the house of Santosh Rai belonged to his relative, as such, Santosh Rai was granted the privilege of anticipatory bail by an order dated 19.09.2022 in Cr. Misc. No.14559/2022.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Taraiya P.S. Case No.303/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, if the learned trial court comes to a
Patna High Court CR. MISC. No.40227 of 2024(2) dt.31-08-2024 3/3 conclusion that the petitioner after being released is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) amit/- U T