PANKAJ KUMAR v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 120B, 384, 385, 411, 419, 420
- Official Secret Act
- Code of Criminal Procedure, 1973 s. 437(3)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr. Arvind Kumar, Advocate Mr. Lalan Kumar, APP 3 27-06-2023 Heard learned counsel appearing on behalf of the parties. The petitioner seeks bail in connection with Danapur P.S. Case No. 1411 of 2022 registered for the offence under Sections 419, 420, 384, 385, 411 and 120B of the Indian Penal Code and Section ¾ of the Official Secret Act. The accused/petitioner is named in the F.I.R. and is in custody since 08.12.2022. The allegation against the petitioner is to have in possession of several government documents, register, etc. related with revenue department, alleged to run parallel office along with co-accused persons where, petitioner was working as a Computer Operator.
Learned counsel appearing on behalf of the petitioner Patna High Court CR. MISC. No.27707 of 2023(3) dt.27-06-2023 submitted, where thrust of allegation is available against local Revenue Clerk, where this petitioner himself appears victim of the circumstances. It is submitted that out of unemployment, the petitioner was working as Computer Operator, which evident from the narration of FIR itself and moreover, the face of FIR is not supporting any of the offence under Official Secret Act and Sections 419 and 420 of the Indian Penal Code. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as allegation against this petitioner is limited to work as a Computer Operator in illegal office of concerned circle Revenue Clerk, who is also co-accused of this case coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 08.12.2022, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No.
1411 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount Patna High Court CR. MISC. No.27707 of 2023(3) dt.27-06-2023 each to the satisfaction of learned Chief Judicial Magistrate, Danapur/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. S.Katyayan/- U T (Chandra Shekhar Jha, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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