Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37338 of 2018 Arising out of Motipur P.S. Case No.91 of 2018, District-Muzaffarpur ====================================================== Pankaj Kumar, Son of Umesh Shah, Resident of Motipur Bazar, P.O.- Baruraj, P.S.- Motipur, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kalyan Shankar, Adv. For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Motipur P.S. Case No.91 of 2018, registered for offences alleged under Sections 379, 511, 401 and 414/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the present case has been registered on the self-statement of Inspector of Police wherein he has stated that in course of investigation of Motipur P.S. Case No.82 of 2018 he had picked-up this petitioner and in course of investigation this petitioner is said to have informed him that he along with Niraj Kumar and Ravi Kumar (since deceased) had planned to cut away the electric wire near the

Patna High Court Cr.Misc. No.37338 of 2018 (2) dt.03-07-2018 railway signal. Ravi Kumar fell down while trying to cut down the electric wire and because of that he died. This case has been registered under Sections 379, 511, 401 and 414/34 of the Indian Penal Code on the basis of the alleged self-confessional statement of the petitioner and recovery of Hexa Blade at his instance. Learned APP for the State is present.

Considering that the case is based on the confessional statement of the petitioner alone and that the petitioner has no criminal antecedent as also that the petitioner is in custody for about four and half months by now and the investigation is complete, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Muzaffarpur in connection with Motipur P.S. Case No. 91 of 2018, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/- U T