Pankaj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78408 of 2019 Arising Out of PS. Case No.-498 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== PANKAJ KUMAR YADAV S/o Madan Prasad Yadav R/o villageGhuthiyani, P.S.- Amdanda, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Yadav For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sitamarhi P.S. Case No. 498 of 2019 registered for the offence punishable under Sections 341, 323, 384, 504, 506 and 34 of the Indian Penal Code.

Informant in his written complaint has alleged that on 31.08.2019 his younger brothers namely, Navnath Dharge and Akshey Dhrge were going to his shop with 12 Kgs silver. In the way, three police personnel stopped them and thereafter they called another police and all the police personnel asked the informant to give 4 Kgs silver otherwise they would be arrested and the silver would be seized and they also threatened them that in future they would have to monthly pay for their unlawful

Patna High Court CR. MISC. No.78408 of 2019(2) dt.02-12-2019 2/3 trading.

It has been submitted on behalf of petitioner that they are innocent and have been falsely implicated in this case. It has been further submitted that there is inordinate delay of five days in lodging FIR without plausible explanation and nothing has been recovered from their possession. Similarly placed coaccused, namely, Gopal Kumar has been granted bail by a coordinate Bench of this Court as contained in Annexure- 2 and other similarly placed co-accused, namely, Arjun Prasad and Kamal Nand Kishore have also been granted regular bail by this Hon'ble Court vide order dated 29.11.2019 passed in Cr. Misc. No. 67298 of 2019. Petitioner has no criminal antecedent and is in custody since 05.09.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Sitamarhi P.S. Case No. 498 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.78408 of 2019(2) dt.02-12-2019 3/3 shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

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

(S. Kumar, J) veena/- U T