Panchanand Das @ Panchanand Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34657 of 2019 Arising Out of PS. Case No.-141 Year-2015 Thana- RANIGANJ District- Araria ====================================================== PANCHANAND DAS @ PANCHANAND KUMAR DAS S/o Ganeshi Das Resident of Village- Lakshmipur Bhagwati, P.S.- Srinagar, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 22.02.2019 in a case registered for the offence punishable under Section 394 of the Indian Penal Code.

The prosecution case as per the informant is that at 7.00 A.M., while the informant along with other traders were going to Raghunathpur via Raniganj from Araria by a pick-up van, all of sudden, two motorcycle borne miscreants chased the informant and robbed money and other valuable articles and escaped from the scene, leading to registration of FIR against unknown. Subsequently, the name of the petitioner sprang up on the basis of confessional statement of co-

Patna High Court CR. MISC. No.34657 of 2019(2) dt.28-05-2019 2/3 accused, Pappu Mehta.

It is submitted by learned counsel for the petitioner that neither any incriminating article has been recovered from the conscious physical possession of the petitioner nor the petitioner has been put on Test Identification Parade and the investigation has already been concluded. It is further submitted that co-accused, Pappu Mehta, on whose confession, the petitioner's name sprang up in the present case, has been granted bail by a co-ordinate Bench of this Court vide order dated 26.07.2016, passed in Criminal Miscellaneous No. 29555 of 2016, whereas, other co-accused, Arun Kumar Mehta, has been granted bail by a co-ordinate Bench of this Court vide order dated 09.08.2016, passed in Criminal Miscellaneous No. 25251 of 2016. It is further submitted that though the petitioner is accused in two other cases, apart from the present case, but in both the cases, he is on bail. Learned APP for the State submits that the name of the petitioner sprang up on the basis of confessional statement of co-accused, Pappu Mehta.

Considering the fact that the investigation has already been concluded and the petitioner has not been put on Test Identification Parade, let the above named petitioner be

Patna High Court CR. MISC. No.34657 of 2019(2) dt.28-05-2019 3/3 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 learned SDJM, Araria in connection with Raniganj P.S. Case No.141 of 2015.

(Dinesh Kumar Singh, J) Ashwini/- U T