Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63262 of 2022 Arising Out of PS. Case No.-201 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== PANKAJ KUMAR S/O ASHOK MAHTO Resident of Village- Math Laxmanpur, Koiri Tola, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and under Sections 25 (1-b)a, 26, 35 of the Arms Act. As per FIR, the petitioner along with six others accused making a plan for committing robbery. On search by the police party, there has been recovery of one country-made pistol and two live cartridge from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. He submitted that, on verification made by police in respect of alleged weapon from this petitioner is not in consonance with

Patna High Court CR. MISC. No.63262 of 2022(4) dt.06-04-2023 2/2 the recovery. Petitioner has no concern with the recovery of alleged arms, which were seized by the police. The petitioner has got criminal antecedent due to this reason he has falsely been made accused in the present case. Moreover, the petitioner is languishing in judicial custody since 25.05.2022. Learned APP appearing for the State has vehemently opposed the prayer for bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Srikrishnapuri P.S. Case No. 201 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Patna.

(Sunil Kumar Panwar, J) arish/- U