Pankaj Kumar @ Pankaj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60887 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- MARAUNA District- Supaul ====================================================== Pankaj Kumar @ Pankaj Yadav S/O Ram Kishun Yadav @ Ram Krishna Yadav R/O Village- Balatharawa, Ward No. 10, Ps. Ghoghardiha, Dist. Madhubani, At Present Resident Of Village- Simaraha, Balatharawa, Ps. Marauna, Dist. Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Nath Yadav For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 395 and 412 of the Indian Penal Code and later on the final form was submitted under Sections 395, 411, 412, 413 and 414 of the I.P.C.
As per allegation in the FIR, while the informant was returning to his house after finishing his job and as soon as he reached near Chhraptti Chhot Puliya, six miscreants on two motorcycles intercepted him and on the point of pistol snatched his mobile phone, Rs. 9750/- and motorcycle.
Patna High Court CR. MISC. No.60887 of 2023(2) dt.22-09-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. He has no concern with the alleged occurrence. His name has been dragged in this case on the basis of confessional statement of apprehened co-accused Sailendra Yadav which has no evidentiary value in the eye of law. Neither he was arrested from the place of occurrence nor anything was recovered from his conscious possession. The other co-accused namely, Shiv Kumar Yadav @ Shiv Kumar has already been enlarged on bail by another coordinate Bench of this Court vide order dated 21.08.2023 passed in Cr. Misc. No. 497 of 2023. It is also submitted that petitioner is languishing in judicial custody since 06.03.2023.
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 Marauna P.S. Case No. 04 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten
Patna High Court CR. MISC. No.60887 of 2023(2) dt.22-09-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Supaul. (Sunil Kumar Panwar, J) lata/- U T