Pankaj Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19689 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Pankaj Gupta, S/o Mahesh Sah, Resident of Village- Sisaura, P.S.- Ramgarh, District- Kaimur (Bhabua).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Viveka Nand Singh, Advocate.

For the Opposite Party : Mr. Ashok Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-06-2017 Heard both sides.

The petitioner seeks bail in Mohania P.S. Case No. 92 of 2017 registered for the offence punishable under Section 396 of the Indian Penal Code.

The informant alleged that he and his relatives hired pick-up van to purchase animals but when they reached near Bhabua Road Station the accused persons intercepted them and looted their money. Tandon Tiwary indulged in verbal altercation with dacoits and on such one dacoit fired on the chest of Tandon Tiwary who died on the spot.

Learned counsel for the petitioner submits that name of the petitioner figured in the case in the confessional statement of Shrawan Kumar. The petitioner is also said to have confessed his

Patna High Court Cr.Misc. No.19689 of 2017 (3) dt.19-06-2017 2/2 guilt but save and except the confessional statement of the coaccused and the petitioner there is no material to show the involvement of the petitioner. The petitioner is in jail since 03.03.2017 but he has not been put on test identification parade. Considering the facts aforesaid and the fact that the petitioner was arrested on 03.03.2017 but he has not yet been put on test identification parade and save and except the confession there is no other material against the petitioner, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in Mohania P.S. Case No. 92 of 2017.

(Prabhat Kumar Jha, J.) KKSINHA/- U T