Patna High CourtCR. MISC./77037/2019disposed

Pankaj Kumar @ Pankaj Sharma v. The State Of Bihar

2020-01-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77037 of 2019 Arising Out of PS. Case No.-688 Year-2019 Thana- KOTWALI District- Patna ====================================================== PANKAJ KUMAR @ PANKAJ SHARMA Son of Late Tripit Narayan Sharma Resident of - Madhurapur, P.S.- Biddupur, Distt - Vaishali (Hajipur) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kotwali PS case no. 688 of 2019 instituted for the offence punishable under Sections 399, 402, 120B, 400, 414 of Indian Penal Code and Sections 25(1-b) A, 26 35 of Arms Act. The allegation is regarding recovery of one countrymade pistol and six live cartridges from the possession of the petitioner when he was arrested by the police and search was made.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that though the petitioner is an accused in several other cases but he is on

Patna High Court CR. MISC. No.77037 of 2019(2) dt.14-01-2020 2/2 bail in all the said cases. The petitioner is said to be languishing in custody since 02.08.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct for release of the abovenamed petitioner on regular bail, immediately upon completion of six months of custody i.e. w.e.f. 02.08.2019 and further, subject to such other conditions as may be deemed fit and proper to be imposed by the learned court of Chief Judicial Magistrate, Patna in connection with Kotwali PS case no. 688 of 2019.

With the aforesaid observations and directions, the present petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U T