Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36218 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- KHAIRA District- Saran ====================================================== PANKAJ KUMAR, Son of Ram Dayal Mahto, Resident of Village- Bintolia, Police Station- Chapra Muffasil, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per allegations in the FIR, the seven accused persons on three motorcycles are stated to have robbed the office of the informant of Rs. 1,11,000/- approx on the point of pistol. The informant gives the description of the accused persons and also mentions about CCTV footage. It is submitted by learned counsel for the petitioner that the FIR was registered against seven unknown. The petitioner was falsely implicated in course of investigation. Neither any incriminating article has been recovered from his

Patna High Court CR. MISC. No.36218 of 2020(5) dt.16-08-2021 2/2 possession nor the petitioner has been put on T.I. parade inspite of being in custody since 20.4.2020. Investigation in the case has concluded.

Heard learned APP for the State.

By order dated 9.4.2021 the Court had also called for CCTV footage from the learned Court below.

As per the communication received contained in letter dated 5.5.2021, no CCTV footage has been received by the police authorities.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 1 year 3 months, the Court directs the petitioner to be enlarged on bail in connection with Khaira (Nagra) P.S. Case no. 40/2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Chapra, District Saran. (Partha Sarthy, J) Spd/- U T