Patna High CourtCR. MISC./67819/2024bail granted

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

2024-09-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67819 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- SAKRI District- Madhubani ====================================================== 1.

Pankaj Kumar Das @ Pankaj Kumar S/o Sri Vinod Das Resident of VillageBhawaniour, PS- Sakri District- Madhubani 2.

Suraj Kumar Das S/o Chhotu Das @ Ram Swarup Das Resident of VillageBhawaniour, PS- Sakri District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Sakri P.S. Case No. 136 of 2024 registered for the offence punishable under Section-394 of the Indian Penal Code.

3. Allegedly, in sleeping state near his shop, the mobile of Bhagina of the informant was being tried to steal by some unknown person and on protest made by Bhagina of the informant, he was assaulted by that unknown person with knife as a result of which the informant's Bhagina sustained injury.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.67819 of 2024(2) dt.26-09-2024 2/2 implicated in this case. The petitioners are the persons of clean antecedent. He further submits that nothing was recovered from the possession of petitioner no. 2 and so far as petitioner no. 1 is concerned, he is bona fide purchaser of the mobile without knowing that it was theft mobile. The petitioners are under incarceration since 02.07.2024.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, especially, the clean antecedent of the petitioners, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Sakri P.S. Case No. 136 of 2024 with condition that the petitioners shall cooperate with the trial of the case and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) priyanka/- U T