Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67961 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- BUDDHACOLONY District- Patna ====================================================== Pankaj Kumar Son of Ashok Mahto Resident of Sakin - Math Laxmanpur, Koiritola, P.S.- Alamganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Kumar, Adv For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Buddha Colony P.S. Case No. 48/2024 dated 20.01.2024 registered for the offence punishable u/s 457 and 380 of the Indian Penal Code.

3. As per the prosecution case, unknown miscreants are alleged to have committed theft of laptop, ornaments of gold, diamond and silver worth Rs. 4,94,000/- and Rs. 15,000/- in cash from the flat no. 103. Further, it is alleged that gold and silver ornaments worth Rs. 2,42,000/- and Rs. 35,000 in cash were also stolen from the flat no. 305 of Transit Building.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.67961 of 2024(2) dt.21-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the self confessional statement. There is nothing on record against the petitioner except the confessional statement. No T.I.P has been conducted by the prosecution. Similarly situated co-accused has already been granted bail by this court vide order dated 20.08.2024 passed in Cr. Misc. No. 55881 of 2024. The petitioner has nine criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 21.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Buddha Colony P.S. Case No. 48/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two

Patna High Court CR. MISC. No.67961 of 2024(2) dt.21-09-2024 3/3 consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(iii) The petitioner is directed to mark his attendance before the officer-in-charge of the concerned police station at 10:00 A.M. on every Monday of he week and in the event of his failure to do so n two consecutive occasion the present privilege of the bail will stand cancelled by the concerned Court below.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T