Pancham Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79038 of 2018 Arising Out of PS. Case No.-162 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== Pancham Kumar Sah S/o Rameshwar Sah R/vill-Bham Bhola Chowk P.SBahadurganj,Distt.-Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bahadurganj P.S. Case No. 162 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant is an employee of Bandhan Bank who has stated that after collecting Rs.79,875/- from the customers when he was returning on his motorcycle, he was intercepted by three unknown miscreants on Apache motorcycle and one of the miscreants snatched away the bag on gun point and fled away. It has been submitted on behalf of the petitioner that the name of the petitioner has surfaced in this case on the basis of confessional statement made by one co-accused, Md. Sajid. It has further been submitted that no incriminating material has been recovered from the possession of the petitioner. Petitioner

Patna High Court Cr.Misc. No.79038 of 2018(2) dt.21-01-2019 2/2 is in custody since 26.09.2018 and he was never put on TIP. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 162 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T