Pankaj Kumar Ray @ Sonu Nigam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61914 of 2024 Arising Out of PS. Case No.-101 Year-2023 Thana- PUSA District- Samastipur ====================================================== Pankaj Kumar Ray @ Sonu Nigam S/o Late Khageshwar Ray Resident of village- Bishanpur Bathua, P.S.- Pusa, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raja Ram Mishra, Advocate For the Opposite Party/s :
Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Pusa P.S. case No. 101 of 2023 instituted for the offences under Sections 392 and 411 of the Indian Penal Code.
3. Prosecution allegation, in short, is that while the informant was sitting with another person at his shop, three unknown persons came and looted Rs. 50,000/- and a mobile phone from the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of his self
Patna High Court CR. MISC. No.61914 of 2024(2) dt.04-09-2024 2/3 confession which has no evidentiary value. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. The petitioner has been remanded in the present case on 07.03.2024 from Chakmeshi P.S. case No. 246 of 2023 (in which case, the petitioner has been granted bail vide Annexure-2 to this application) and since then he is in custody. The petitioner has as many as 10 criminal antecedent as has been stated in paragraph 3 of the bail application in which he is on bail in eight cases.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pusa P.S. case No. 101 of 2023 subject to the following conditions: (I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.61914 of 2024(2) dt.04-09-2024 3/3 the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) The petitioner will not hamper the trial or temper with any prosecution evidence. If he is found involved in such incidence, the prosecution shall have liberty to take steps for cancellation of bail granted to the petitioner. (Rudra Prakash Mishra, J) Pankaj/- U T