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Patna High CourtCR. MISC./6457/2017bail granted

Pankaj Kumar v. The State Of Bihar

2017-03-06Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6457 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================

1. Pankaj Kumar Son of Surendra Raut Resident of Village- Nerut, P.S. Sare, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 02.11.2016 in connection with Sare P. S. Case No. 97 of 2016 for offences punishable under Sections 504, 506 and 452 of the Indian Penal Code and Section 25 (1-b) A/ 26 of the Arms Act. The prosecution case as lodged by the informant is that the petitioner came to the house of the informant on a motorcycle and started abusing on the ground that son of the informant had abused him. It is alleged that the petitioner always used to tease the females of the village at the time of attending natural call. In the meantime, villagers assembled and caught the petitioner and from the possession of the petitioner, one country

Patna High Court Cr.Misc. No.6457 of 2017 (2) dt.06-02-2017 2/2 made katta was recovered .

It has been submitted by the learned counsel for the petitioner that the petitioner is innocent. There is no criminal history against him and old country made pistol has been recovered from his possession but no overt act has been committed by the petitioner. It has further been submitted that due to personal enmity, the petitioner has been falsely implicated. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Sare P.S. Case No. 97 of 2016.

(Nilu Agrawal, J) Sudha/- U T