Pankaj Kumar @ Pankau Kumar Singh @ Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.792 of 2023 Arising Out of PS. Case No.-286 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== Pankaj Kumar @ Pankau Kumar Singh @ Pankaj Kumar Singh Son Of Hareram Singh @ Harendra Prasad Singh R/O Vill.- Anjanakot, P.S.- Motipur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 413 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The allegation against the petitioner is that from his possession a stolen tractor has recovered Bearing No. BR04GA9079. It is further alleged that on search, one loaded countrymade pistol and one live cartridge from the petitioner and other articles from another co-accused.

Patna High Court CR. MISC. No.792 of 2023(5) dt.09-08-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. On the basis of suspicion and due to his criminal antecedents, he has been implicated in the present case by the police. Petitioner has no concern with the alleged arms and cartridges. He submitted that the alleged tractor, which recovered from the possession of the petitioner was a separate case lodged with regard to steal of the said tractor in connection with Muzaffarpur Sadar P.S. Case No. 587 of 2021 and in that case petitioner has already been enlarged on bail by learned Court below. He further submitted that this case also relates to that case. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 29.09.2021.

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 as well as period of custody, 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

Patna High Court CR. MISC. No.792 of 2023(5) dt.09-08-2023 3/3 satisfaction of the learned Court below in connection with Motipur P.S. Case No. 286 of 2021.

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