Pankaj Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82069 of 2023 Arising Out of PS. Case No.-395 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== PANKAJ CHAUPAL S/O LATE SHIVLAL CHAUPAL VILLAGEGOPALPUR, PS. KAMTAUL, DIST. DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Jha For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 366A, 120B and 34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, the petitioner and coaccused persons abducted a person with his vehicle on gunpoint and demanded Rs. 2,00,000/- as ransom. They also snatched two

Patna High Court CR. MISC. No.82069 of 2023(2) dt.19-12-2023 2/3 mobile phones from the driver of the vehicle. Meanwhile police intervened and apprehended three co-accused persons and the petitioner is said to have fled away from the spot.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. From the FIR, it is not clear who demanded the money and who abducted the victim on gunpoint. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 29.11.2023 passed in Cr. Misc. No. 74388 of 2023. He is languishing in judicial custody since 13.07.2023.

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 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

Patna High Court CR. MISC. No.82069 of 2023(2) dt.19-12-2023 3/3 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 C.J.M., Darbhanga in connection with Darbhanga Sadar P.S. Case No. 395 of 2023.

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