Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37823 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- MANER District- Patna ====================================================== PANKAJ KUMAR Son of Rajan Singh Resident of Village - Tikaitpur, P.S.- Bihta, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 399, 402 IPC and Section 25(1-b)a, 26, 35 of the Arms Act registered in connection with Maner P.S. Case No. 59/2019.

3. It is submitted that the petitioner has been falsely implicated merely on suspicion on the extra judicial confessional statement of coaccused Jai Prakash, except which there is no material to connect the petitioner with the alleged occurrence. The said co-accused Jai Prakash has been granted regular bail by this Court in Cr. Misc. No. 35504 of 2019. No recovery has been made from the possession of the petitioner, who claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sushri Nutan Kumari, learned J.M. Ist Class, Danapur, in connection with Maner P.S. Case No. 59/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further

Patna High Court CR. MISC. No.37823 of 2019(2) dt.25-06-2019 2/2 conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T