Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51029 of 2021 Arising Out of PS. Case No.-629 Year-2019 Thana- MAHUA District- Vaishali ====================================================== PANKAJ KUMAR S/O LAKSHMAN ROY R/o village- Fulwariya, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2022 Heard the parties.

Petitioner seeks regular bail in connection with Mahua PS Case No. 629 of 2019 registered for the offence under Section 394 of the IPC & Section 27 Arms Act. As per the First Information Report three miscreants riding on a motorcycle fired upon the informant and the bullet passed through his stomach. They snatched the motorcycle, a sum of Rs. 12,000/-, ATM Card and Pass Book from the informant.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been implicated in this case on the basis of confessional statement made by the co-accused / Manish Kumar with whom the petitioner was having inimical terms and the

Patna High Court CR. MISC. No.51029 of 2021(2) dt.08-04-2022 2/2 criminal antecedents stated in paragraph- 3 of this application were registered on the basis of the confessional statement of the co-accused. Learned counsel further submits that petitioner is in custody since 05/04/2021, he has not been put on Test Identification Parade, no incriminating and / or looted article has been recovered from the possession of the petitioner. Regard being had to the submissions made by the parties, taking into consideration the materials available on record, the criminal antecedents of the petitioner, nature of offence and the allegation levelled against the petitioner, it appears that the petitioner is a habitual offender, and as such, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for the grant of regular bail is rejected.

However, learned trial court is directed to expedite the trial.

(Anil Kumar Sinha, J) praful/- U T