Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.165 of 2023 Arising Out of PS. Case No.-381 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== PANKAJ KUMAR Son of Baishakhi Tanti @ Baisakhi Tanti R/o Vill.- Mamalkha, P.S.- Sabour, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamal Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail, who is in custody since 20.09.2022 in connection with Sabour P.S. Case No. 381 of 2022, F.I.R. dated 19.09.2022 registered for the offence punishable under Section 392 of IPC. Subsequently chargesheet submitted under Sections 392/411 of IPC. The FIR of the occurrence of loot is against unknown. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has been transpired on the basis of the confessional statement of co-accused, namely, Fantush Kumar. In fact the petitioner purchased the mobile from co-
Patna High Court CR. MISC. No.165 of 2023(2) dt.18-04-2023 2/3 accused- Fantush Kumar which was recovered from possession of the petitioner. Further submits that the petitioner has no concern at all with the alleged occurrence and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 20.09.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.
Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 381 of 2022, with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall
Patna High Court CR. MISC. No.165 of 2023(2) dt.18-04-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T