Pankaj Kumar Chaudhary @ Pankaj Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27353 of 2015 Arising Out of PS.Case No. -244 Year- 2014 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Pankaj Kumar Chaudhary @ Pankaj Chaudhary S/o Nagendra Chaudhary R/o Village Sakrauli Buchauli, P.S. Jandaha, Distt. Vaishali. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manish Chandra Gandhi, Advocate. For the Opposite Party : Mr. Pradip Nr. Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-09-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 379 and 411 of the I.P.C For the theft of one Bolero vehicle F.I.R. was lodged against unknown and during investigation name of the petitioner transpired in the confessional statement of co-accused Mukesh Paswan and subsequently the petitioner also confessed his guilt. The said Bolero vehicle was recovered subsequently at Triveniganj.

Submission is of false implication and that the police after adopting third degree method had recorded confessional statement of the petitioner and nothing has been recovered from

Patna High Court Cr.Misc. No.27353 of 2015 (3) dt.23-09-2015 2/2 possession of the petitioner. Similarly situated co-accused Ghuntun Sahni @ Amitav Sahni has been allowed bail vide Cr. Misc. No. 22302 of 2015 by order dated 07.07.2015 by another Bench of this Court, to which the learned A.P.P. is not in a position to distinguish the case of the petitioner from co-accused Ghuntun Sahni @ Amitav Sahni.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Vaishali at Hajipur in Sarai P.S. Case No. 244 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T