Pankaj Kumar @ Pankaj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47556 of 2025 Arising Out of PS. Case No.-155 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== Pankaj Kumar @ Pankaj Rai S/o- Devan Rai Resident of Village- Kharjama, P.S.- Mahnar, District- Vaishali, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Avinash Kumar Singh, Adv For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Jandaha P.S Case No. 155 of 2025 registered for the offences punishable under Sections 317(4), 317(5), 338, 336(3), 340(2) of the BNS and Section 25(1-b)(a), 26, 35 of Arms Act.
3. As per allegation in the FIR, petitioner along with the other accused person was caught by mob while snatching gold chain, and thereafter, handed over to the police.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner has no concern with the entire occurrence and merely on whims and fancies of the police official who is
Patna High Court CR. MISC. No.47556 of 2025(2) dt.08-08-2025 2/3 connivance with local muscleman who bear grudge against the petitioner falsely implicated in the present case. He further submits that petitioner has no concerned with the allegedly recovered firearm or the motorcycle in question bearing Registration No. BR31AX5614 as the alleged motorcycle belong to the father of the co-accused person namely Rauhan Kumar. It is also submitted that petitioner is in judicial custody since 13.04.2025 having four criminal antecedent as mentioned in paragraph no. 3 of the bail petitioner. He further submits that other co-accused has been granted bail vide order dated 16.07.2025 in Cr. Misc. No. 43078 of 2025.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order dated 02.06.2025, it appears that nothing has been recovered from the conscious possession of the petitioner and the alleged recovered motorcycle belongs to the father of the co-accused person namely Raushan Kumar and considering the fact that the other co-accused person has been granted bail vide Cr. Misc. No. 43078 of 2025 and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named
Patna High Court CR. MISC. No.47556 of 2025(2) dt.08-08-2025 3/3 petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VII, Vaishali in connection with Jandaha P.S. Case No. 155 of 2025 subject to the condition that petitioner shall cooperate in the Trial and be present on each and every date fixed by the Trial Court till the conclusion of the trial. (Ramesh Chand Malviya, J) Sunnykr/- U