Pankaj Kumar @ Pankaj Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57920 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== PANKAJ KUMAR @ PANKAJ MAHTO S/o- Kailash Mahto Resident of Village - Simariyaghat Bind Toli, P.S. - Barauni, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Randhir Kumar No.1, Advocate For the Opposite Party/s :
Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Teghra P.S. Case No. 247 of 2020 for the offence punishable under Sections 395, 412 and 120(B) of the Indian Penal Code. The allegation, in brief, is that unknown miscreants are stated to have entered the shop of the informant, variously armed and had engaged in firing in the shop, whereafter they had looted jewellery from the said shop and had fled away on their motorcycles.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 10.11.2020. The learned counsel for the petitioner has further submitted that
Patna High Court CR. MISC. No.57920 of 2021(2) dt.28-02-2022 2/3 though the petitioner is stated to be an accused in five other criminal cases, but he is on bail in three cases. It is further submitted that no Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime. It is also submitted that no looted articles/jewelery have been recovered from the possession of the petitioner. The name of the petitioner is stated to have transpired in the present case upon confessional statement made by the co-accused person, namely, Ramgati @ Lahra. Lastly, it is submitted that similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide orders dated 21.09.2021 and 02.02.2022 passed in Criminal Misc. No. 13620 of 2021 and Criminal Misc. No. 40134 of 2021.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail by a coordinate Bench of this Court, apart from the fact that no Test Identification Parade has been held till date so
Patna High Court CR. MISC. No.57920 of 2021(2) dt.28-02-2022 3/3 as to connect the petitioner with the alleged crime, I deem it fit and proper to direct for release of the petitioner on regular bail, however, subject to certain conditions, to which the learned counsel for the petitioner has got no objection. Accordingly, the petitioner, above named, is directed to 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 learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 247 of 2020. It is further directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week starting from the week he is released from custody, and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T