Patna High CourtCR. MISC./41691/2024bail granted

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

2024-07-20Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41691 of 2024 Arising Out of PS. Case No.-45 Year-2021 Thana- PIPRA District- Supaul ====================================================== Panchanand Das @ Pancha Das @ Panchanand Kumar Das @ Panchu Das S/o Ganeshi Das @ Ganeshi Tatma R/o Village-Laxmipur, Bhagwati, Ward No 14, P.S.-Srinagar, District-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-07-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Pipra P.S. Case No. 45/ 2021 dated 15.02.2021 registered for the offence(s) punishable under Section(s) 392 and 411(added later on) of the Indian Penal Code and under Section(s) 27 of the Arms Act.

3. Mr. Arun, learned counsel for the petitioner submits that the F.I.R. was registered against unknown, after the petitioner's arrest in the present matter no incriminating material or any part of the looted article was recovered from his possession and no recovery was made on the basis of any statement made by him before the police and even the petitioner was not put on Test Identification Parade and accordingly, there

Patna High Court CR. MISC. No.41691 of 2024(2) dt.20-07-2024 2/3 is no admissible evidence against him to connect him to the alleged crime of loot. Learned counsel further submits that though against the petitioner, there are criminal antecedents of five cases but he is on bail in all the said cases and in the instant matter, he has been languishing in jail since 04.03.2022, the date on which charges were framed upon the petitioner and after the framing of charge there is no progress in his trial. It is further submitted that two co-accused persons, namely, Saroj Kumar @ Saraj Yadav and Kanhaiya Kumar have been granted bail by a co-ordinate Bench of this court and this Bench vide orders passed in Cr. Misc. No. 77258/ 2023 and Cr. Misc. No. 14346 of 2022 respectively.

4. Mrs. Veena Kumari Jaiswal, learned APP appearing for the State opposes the bail prayer of the petitioner.

5. Considering the above submissions and mainly the petitioner's plea that there is no admissible evidence against him and he is on bail in all the five cases of his criminal antecedents and the said plea has not been refuted by the learned APP coupled with the facts that petitioner is not named in the F.I.R. and he has been languishing in jail since 04.03.2022 and there is no progress in his trial, in my opinion, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-

Patna High Court CR. MISC. No.41691 of 2024(2) dt.20-07-2024 3/3 above be released on bail in connection with Pipra P.S. Case No. 45 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) BKS/- U T