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Patna High CourtCR. MISC./77640/2023allowed

Pankaj Kumar v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77640 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- KALER District- Jehanabad ====================================================== PANKAJ KUMAR Son of Raghunath Singh R/o vill - Hichhan Bigha, P.S. - Daudnagar, Distt. - Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 394 and 307 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, Manish Yadav, employee of Banchan Bank was returning after collecting an amount of Rs. 89,950/- in the meantime two miscreants on one pulsor motorcycle came there and surrounded him and tried to snatch his bag. On protest, they fired upon him, which hit him and lastly they fled away after snatching his bag containing collected amount and tab. Manish Yadav shared this information to Manager of Bandhan Bank and thereafter he lodged the present FIR.

Patna High Court CR. MISC. No.77640 of 2023(2) dt.05-12-2023 2/2

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. Nothing has been recovered from his conscious possession. Allegedly, tab was recovered from room of the petitioner but the same has not been put on TIP. His name has been surfaced in the present case by spy on the basis of CCTV Footage. Petitioner is languishing in judicial custody since 3.6.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Arwal in connection with Kaler PS Case No. 71 of 2023. (Sunil Kumar Panwar, J) sushma/- U