Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57599 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- KARPI District- Jehanabad ====================================================== Pankaj Kumar S/O Ramchandra Mandal @ Ramchandra Pandit Resident Of Village And P.S.- Kasim Bazar, District- Munger ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Adv For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Karpi (Shahar Telpa O.P.) P.S. Case No. 54 of 2024 dated 23.02.2024 registered for the offence/s punishable u/ss 25 (1-A), 25(1-AA), 25(1-B)a, 26, 35 of the Indian Penal Code.

3. As per the prosecution case, on secret information the police party conducted a raid and exposed a mini gun factory and recovered weapons, semi-made weapon and other articles used in manufacturing of the said weapons and apprehended the other co-accused persons from the house of the co-accused Raushan Kumar@ Laddu. On interrogation, the co-

Patna High Court CR. MISC. No.57599 of 2024(2) dt.31-08-2024 2/3 accused Raushan Kumar disclosed the other mechanic including the petitioner who were brought from Munger by the co-accused Raushan Kumar and Mukesh Patel.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said recovery has been made from the house of the co-accused person. Nothing has been recovered from the conscious possession of the petitioner rather he has been made accused in this case merely on the basis of the labour hired by the co-accused Raushan Kumar and the Mukesh Patel. Similarly situated co-accused has already been granted bail by the coordinate bench of this court vide order dated 24.06.2024 passed in Cr. Misc. No. 42104 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.57599 of 2024(2) dt.31-08-2024 3/3 concerned, Jehanabad in connection with Karpi (Shahar Telpa O.P.) P.S. Case No. 54 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T