Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71173 of 2021 Arising Out of PS. Case No.-290 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== PANKAJ KUMAR S/o- Lakshman Rai R/o - Village - Phulwaria, P.S. - Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 05.10.2020, charge-sheet has been submitted and has antecedent of three cases.

The informant alleges that four unknown criminals looted the bank of Rs.1,48,449/- along with two mobiles of the bank staff. Learned counsel for the petitioner submits that the FIR was against unknown and name of the petitioner transpired in the confessional statement of co-accused Manish Kumar Sahani. Learned counsel further submits that despite being in custody, the petitioner was never put on T.I. Parade nor any incriminating article relating to

Patna High Court CR. MISC. No.71173 of 2021(3) dt.12-05-2022 2/2 loot was recovered from the possession of the petitioner to even remotely connect with the offence.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the petitioner has antecedent of three cases.

Considering the fact that the petitioner is in custody since 05.10.2020, charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Rajapakar P.S. Case No. 290 of 2019, subject to the condition that one of the bailors of the petitioner shall be his father (Lakshman Rai) and further if the learned court below comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner then in that event the learned court below shall forthwith cancel the bail bond of the petitioner by recording reasons. (Satyavrat Verma, J) Kundan/- U T