Panchanand Das @ Panchu @ Panchu Das @ Panchanan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52546 of 2023 Arising Out of PS. Case No.-13 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== PANCHANAND DAS @ PANCHU @ PANCHU DAS @ PANCHANAN DAS S/O GANESHI DAS R/O VILLAGE- LAXMIPUR BHAGWATI PS. SRI NAGAR DIST. MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2023 Heard the parties.

The petitioner is in judicial custody in connection with Singheshwar P.S. Case No.13 of 2021 instituted under Section 392 of the IPC lodged on 22.01.2021 by the informant Rajeev Kumar Himanshu.

As per the prosecution story, the informant after collecting money was going to deposit the same, the accused persons assaulted and snatched Rs.6,12,910/- and escaped. During investigation, the name of the petitioner cropped up. Learned counsel for the petitioner submits that police has implicated him in cases after case and in this case, he is in custody since 26.02.2021 (para-7 of the petition). Learned APP opposes the prayer for bail stating that he has criminal antecedent.

Patna High Court CR. MISC. No.52546 of 2023(2) dt.19-08-2023 2/3 To this learned counsel for the petitioner submits that similar placed co-accused with criminal antecedent (Kanhaiya Kumar) has been granted bail vide Cr. Misc. No.9909 of 2022. Though, admittedly, the petitioner has criminal antecedent. considering the fact that he is in custody since 26.02.2021, co-accused with criminal antecedent has been granted bail, as stated above, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Singheshwar P.S. Case No.13 of 2021 to the satisfaction of learned Additional District & Sessions Judge, Ist cum Special Judge, Madhepura, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.52546 of 2023(2) dt.19-08-2023 3/3 police station every month till conclusion of the trial to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan U T