Pankaj Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1820 of 2023 Arising Out of PS. Case No.-120 Year-2020 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== PANKAJ KUMAR RAM S/o Jaynarayan Ram @ Jagat Narayan Ram @ Jag Narayan Ram R/o Village- Fulkhahi, P.S.- Phulparas, Distt- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution case, informant alleged that while he and his relatives were going by motorcycle in the meantime some unknown miscreants surrounded them, after that they assaulted and snatched his motorcycle and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to local dirty village politics and confessional statement of the co-accused persons.

Patna High Court CR. MISC. No.1820 of 2023(2) dt.28-03-2023 2/2 Petitioner is neither named in the FIR nor he is put on TIP. It is further submitted that looted motorcycle has not been recovered from his conscious possession nor from his house. During course of investigation not a single independent eye witness has supported the prosecution case. As per impugned order incriminating motorcycle has been recovered from co-accused not from the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 29.07.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody of this petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhairavsthan P.S. Case No. 120 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jhanjharpur, District Madhubani.

(Sunil Kumar Panwar, J) Manish/- U T