Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55340 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== 1.
Pankaj Kumar, S/O Chandradeo Paswan R/O Village- Gajadharpur, Ps. Tankuppa, Dist. Gaya 2.
Omprakash Kumar, S/O Krishna Paswan R/O Village- Gajadharpur, Ps. Tankuppa, Dist. Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. The petitioners have preferred this application for grant of regular bail in connection with Tankuppa P.S. Case No. 10 of 2023 dated 15.01.2023 registered for the offences punishable u/ss 413 and 414 of the Indian Penal Code.
4. As per the prosecution case, 4-5 miscreants were making preparation to commit offence. A raid was conducted and the petitioners and the other co-accused persons were apprehended by the police personnel. On search, a mobile phone was recovered
Patna High Court CR. MISC. No.55340 of 2023(2) dt.31-08-2023 2/2 from the possession of the petitioner Om Prakash.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 24.06.2023 passed in Cr. Misc. No. 31746 of 2023. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 16.01.2023.
6. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Tankuppa P.S. Case No. 10 of 2023.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T