Patna High CourtCR. MISC./6072/2020allowed

Pankaj Kumar v. The State Of Bihar

2020-02-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6072 of 2020 Arising Out of PS. Case No.-49 Year-2019 Thana- BEN P.S. District- Nalanda ====================================================== Pankaj Kumar Son of Smbho Ram @ Sambhu Ram Resident of Khedu Bigha, P.S.-Ben, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Jain, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Ben P.S. Case No. 49 of 2019 for the offenses under Section 394 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner in the present case is that he was involved in theft in the house of the informant. FIR was registered against unknown persons. He further submits that the identification of the petitioner in TI Parade is a farce as from the prosecution story it appears that two miscreants covered their face by gamchha and as such it is not possible to identify the person involved in the theft. Learned counsel for the petitioner further submits that the petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.6072 of 2020(2) dt.03-02-2020 2/2 The petitioner is in custody since 18.10.2019. Considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Nalanda (Biharsharif), in connection with Ben P.S. Case No. 49 of 2019. (Anil Kumar Upadhyay, J) uma/- U T