Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5129 of 2019 Arising Out of PS. Case No.-197 Year-2019 Thana- RUPASPUR District- Patna ====================================================== PANKAJ KUMAR Son of Shree Kaushal Kumar @ Gaya Prasad @ Gaya Prasad Yadav Resident of Ward no. 1, Krishna Nagar, P.S.- Sahayak, District - Katihar at present residing at Mahuabag Near Gas Godwn, P.S.- Rupespur, District - Patna.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rama Nand Poddar For the Respondent/s :

Ms.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2019 Appellant seeks bail in connection with Rupespur P.S.Case No. 197 of 2019 (Special Case No. 176 of 2019) registered for the offences punishable under Section 380 of the Indian Penal Code and Section 3 (i)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per FIR police arrested one person while he was committing theft in the house of informant.

Submission of learned counsel for the appellant is that nothing has been recovered from his possession and he has falsely been implicated and he is in custody for eight months having no criminal antecedent.

Heard learned Special P.P., who has opposed the prayer for bail of the appellant.

Patna High Court CR. APP (SJ) No.5129 of 2019(3) dt.19-12-2019 2/2 Having heard both sides and in the facts and circumstances, as stated above, let appellant, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-XX, Patna, in connection with Rupespur P.S.Case No. 197 of 2019 (Special Case No. 176 of 2019), subject to the condition that one of the bailors of the appellant shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

Accordingly, this appeal is allowed and the impugned order dated 25.10.2019 is set aside.

(Vinod Kumar Sinha, J) spal/- U T