Pankaj Kumar @ Ayush v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16065 of 2017 Arising Out of PS.Case No. -145 Year- 2016 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================
1. Pankaj Kumar @ Ayush Son of Raghunath Singh, Resident of Rajapakar Tola South Ward No. 8, P.S.- Rajabakar, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ankit Katriar, Mr. Praveen Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-04-2017 Heard the parties.
This application has been filed in connection with Hajipur Industrial P.S.Case No.145 of 2016 for the offence under Sections 399 and 402 of the Indian Penal Code and Section 25 (1-b)a, 26 and 35 of the Arms Act.
It is submitted on behalf of the petitioner that except the confessional statement of the co-accused, in which his name transpired, there is nothing against him and also there is no recovery. On the basis of the confessional statement, he had been made accused in one another case and from that case, he has been remanded in the present case on 10.1.2017 and since then he is in custody.
Patna High Court Cr.Misc. No.16065 of 2017 (2) dt.07-04-2017 2/3 Heard learned A.P.P. also.
Having heard both sides and in view of the fact that nothing has been recovered and neither he is named in the F.I.R. nor identified nor T.I.P. and he is in custody for about three months. Considering the above facts, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Vaishali at Hajipur in connection with Hajipur Industrial P.S.Case No.145 of 2016. With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-
Patna High Court Cr.Misc. No.16065 of 2017 (2) dt.07-04-2017 3/3 U