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Patna High CourtCR. MISC./60918/2021bail granted

Pankaj Kumar v. The State Of Bihar

2022-03-30Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60918 of 2021 Arising Out of PS. Case No.-134 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Pankaj Kumar S/O- Pati Nath Ray, Resident of Village- Manua, P.S.- Sadar Hajipur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard.

The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 134 of 2018, registered for the offence punishable under section 392 of the Indian Penal Code.

The allegation is regarding four unknown miscreants having stopped the bike of the informant, whereafter they had snatched the bag of the informant containing cash amount of Rs. 15,000/-, Aadhar Card, PAN card etc.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is

Patna High Court CR. MISC. No.60918 of 2021(2) dt.30-03-2022 2/3 languishing in custody since 31.08.2021. The learned counsel for the petitioner has further submitted that the petitioner is accused only in one other case in which he is on bail. It is further submitted that neither test identification parade has been held so as to connect the petitioner with the alleged crime nor looted articles have been recovered from the possession of the petitioner. Per contra, the learned APP 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 parties and taking into account the materials available on record as also considering the fact that no T.I. Parade has been held so as to connect the petitioner with the alleged crime, apart from the fact that no looted articles have been recovered from the conscious possession of the petitioner and the petitioner is languishing in custody since 31.08.2021, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Patna High Court CR. MISC. No.60918 of 2021(2) dt.30-03-2022 3/3 Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court of C.J.M., Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 134 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T