Pankaj Kumar Thakur@ Pankaj Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34431 of 2020 Arising Out of PS. Case No.-314 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== PANKAJ KUMAR THAKUR @ PANKAJ THAKUR son of Shri Ram Vinod Singh, Resident of Village- Ismailpur, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-02-2021 Heard both sides.

Petitioner seeks bail in Chakia @ Chakiya P.S. Case No.314 of 2019 registered under Section 392 of the IPC. The informant (Branch Manager of Bandhan Bank, Chakiya) alleged that one miscreant having armed with pistol overpowered the guard of the Bank and three miscreants entered inside the Bank. They threatened the customers and the staff of the Bank and looted Rs.10,94,094/- from the Bank. Learned counsel for the petitioner submits that two persons, namely, Chutul Kumar @ Subhash Kumar Singh and Ajeet Kumar were apprehended and they are said to have confessed their guilt before the police but save and except the confession of the two accused, the police did not collect any further evidence. The petitioner was arrested on 29.02.2020 but he has not been put on T.I.P. Ajeet Kumar, who is said to have confessed his guilt and disclosed the name of the petitioner, has

Patna High Court CR. MISC. No.34431 of 2020(3) dt.25-02-2021 2/2 already been granted bail by order dated 06.07.2020 passed in Cr.Misc.No.15725 of 2020. It is further submitted that the Hon'ble Judge while granting bail to Chutul Kumar @ Subhash Kumar Singh perused para 22, 25, 26, 27 and 28 of the casediary in which it has been stated that Chutul Kumar @ Subhash Kumar Singh, Ajeet Kumar and others were identified. Even the informant did not identify the petitioner in CCTV and the case of the petitioner stands on better footing. The petitioner is in jail for about a year.

Taking into consideration the facts that the petitioner is not named in the F.I.R. and he is in jail for about a year even then he was not put on T.I.P. and on mere suspicion, charge sheet is submitted, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. 13, East Champaran, Motihari in connection with Chakia @ Chakiya P.S. Case No.314 of 2019, subject to the condition that one of the bailors shall be the close relative of the petitioner.

(Prabhat Kumar Jha, J) Harish/- U T