Pankaj Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.547 of 2024 Arising Out of PS. Case No.-289 Year-2021 Thana- EKANGARSARAI District- Nalanda ====================================================== Pankaj Malakar S/O Satyendra Malakar R/O Village- Maksudpur, P.SKhizarsarai, Distt- Gaya. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the state.

The instance application for regular bail has been filed by the petitioner in connection with Ekangarsarai P.S. Case No. 289 of 2021 instituted for the offence u/s 379, 420 of the Indian Penal Code.

The allegation against the petitioner is of exchanging the ATM card of informant and allegedly withdrawing Rs. 7,41,463.95 from his account and has been identified in CCTV footage.

Earlier the application for regular bail of the petitioner was rejected by order dated 15.07.2022 passed in

Patna High Court CR. MISC. No.547 of 2024(2) dt.12-01-2024 2/3 Cr. Misc. No. 20245 of 2022 and withdrawn by order dated 23.06.2023 passed in Cr. Misc. No. 16500 of 2023 with a direction to learned Trial Court to conclude the trial within stipulated period as mentioned in its report dated 15.05.2023 ie. two months.

It is submitted by learned counsel for the petitioner that the trial has not been concluded till date and the petitioner is languishing in judicial custody since 01.12.2021 Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the 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 Ekangarsarai P.S. Case No. 289 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Hilsa, Nalanda, subject to the following conditions:-

1. Petitioner shall co-operate in the trial ans shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.547 of 2024(2) dt.12-01-2024 3/3 reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. If the petitioner repeat the offences of similar nature, as alleged in the present case, the prosecution will be at liberty to move for cancellation of bail.

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