Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78226 of 2019 Arising Out of PS. Case No.-322 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== PANKAJ KUMAR Son of Chandrashekhar Rai Resident of VillageHakikatpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar Kashyap, Advocate.

For the State :

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No.322 of 2019 registered under Sections 399 and 402 of the Indian Penal Code besides Sections 25(1-B)a, 26 and 35 of the Arms Act.

The accusation is that on receiving the secret information about gathering of the some miscreants at the house of the notorious criminal Kaushal Yadav to make the plan of committing the dacoity, the informant along with other police personnel reached there. On knowing the arrival of the police party, two persons started to flee away from there but they were chased by the police and, thereafter, six persons including the petitioner were apprehended by the police. On query and search, one person, who disclosed his name as

Patna High Court CR. MISC. No.78226 of 2019(2) dt.08-01-2020 2/2 Dhananjay Kumar, was found in possession of one loaded country made pistol and one live cartridge, another person disclosed his name as Prem Kumar alias Kara, who was found in possession of one loaded country made pistol and one live cartridge, and one another person disclosed his name as Ravi Malik, who was found in possession of two live cartridges.

Learned counsel appearing on behalf of the petitioner submits that while the petitioner was apprehended along with others on the spot but no incriminating was recovered from his possession. The petitioner has no criminal antecedent and is in custody since 07.10.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Barh, Patna, in connection with Bakhtiyarpur P.S. Case No.322 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T