Pankaj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43756 of 2019 Arising Out of PS. Case No.-260 Year-2018 Thana- KESARIA District- East Champaran ====================================================== Pankaj Sah Son of Munna Sah Resident of Village-Jamin Mathiya, P.S.- Meenapur, District-Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr.Anshu Dhar Sharma, Advocate For the Opposite Party :

Mr.Akbar Ali, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 420/379 of the Indian Penal Code.

Prosecution's case is that Rs.31,000/- was illegally debited from the informant's bank account and was credited to the bank account of one Indradeo Rai.

Learned counsel for the petitioner submits that the petitioner has been implicated in this case on his confession taken by the police in another case under coercion. Further, nothing incriminating has come against the petitioner during investigation implicating him with the offence. Petitioner is accused in ten cases, out of which he is on bail in 8 cases, mentioned in paragraph 3 of the bail petition. Petitioner is not

Patna High Court CR. MISC. No.43756 of 2019(3) dt.25-09-2019 2/2 the beneficiary in the aforesaid illegal transaction. Petitioner is in custody since 24.1.2019.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in Kesaria Police Station Case No. 260 of 2018 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T