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Patna High CourtCR. MISC./53243/2021bail granted

Pankaj Kumar v. The State Of Bihar

2022-03-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53243 of 2021 Arising Out of PS. Case No.-404 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== PANKAJ KUMAR SON OF LATE KAPILDEV PRASAD @ KAPILDEV PRASAD YADAV RESIDENT OF VILLAGE- SIMARKOL, P.S.- RAJAULI, DISTRICT- NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Nayan, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-03-2022 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 392 of the Indian Penal Code to which sections 395 and 412 of the Indian Penal Code were added subsequently.

As per the prosecution case, three accused persons on a motorcycle overtook the informant and snatched his bag containing Rs.8,68,255/ in cash.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. Referring to the order of the learned court below, it is submitted that the material that has transpired in course of investigation has been dealt with

Patna High Court CR. MISC. No.53243 of 2021(2) dt.11-03-2022 2/2 in detail therein. On secret information having been received, the name of accused Raja Kumar transpired and the name of the petitioner transpired in the confessional statement of said Raja Kumar. Raja Kumar has been enlarged on bail vide order dated 8.12.2021 passed in Cr. Misc. no.20670 of 2021. The petitioner has not been put on T.I. parade. He is in custody since 22.6.2021 and investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, grant of bail to co-accused Raja Kumar on whose confessional statement the name of the petitioner transpired together with the petitioner not having been put on T.I. parade inspite of being in custody for more than 8 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Rajauli P.S. Case no.404 of 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 Chief Judicial Magistrate, Nawada.

(Partha Sarthy, J) Saurabh/- U T