Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4593 of 2024 Arising Out of PS. Case No.-6 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== Pankaj Kumar Singh Son of Arjun Singh Resident of Village - Madhopur Digharuwa. P.S. - Tajpur, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Tajpur P.S. Case No. 06 of 2017 instituted for the offences under Sections 147, 148, 448, 341, 323, 324, 302, 504, 506 of the Indian Penal Code.
3. As per prosecution case, co-accused/Bablu Kumar Singh caught hold the Informant and started to beat him up. It is further alleged that the four named accused persons including the present petitioner caught hold the younger brother of the Informant while co-accused Birendra Singh, Sushil Singh and Mukesh Singh stabbed him with a knife. It is further alleged that the co-accused Ajay Kumar Singh, Ranjay Singh and
Patna High Court CR. MISC. No.4593 of 2024(2) dt.02-02-2024 2/3 Kameshwar Singh assaulted the elder brother of the Informant. The younger brother of the Informant sustained serious injury who died on way to hospital.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that there is no direct allegation of assault against the petitioner. The petitioner is in custody since 02.08.2023. The petitioner has no criminal antecedent and the charge-sheet has been submitted in this case. Learned counsel for the petitioner further submits that co-accused Arjun Singh, Raja Singh @ Sudhhir Kumar Singh @ Sudhir Singh and Kameshwar Singh have been granted bail by a Co-ordinate Bench of this Court vide orders dated 20.07.2017, 28.05.2020 and 23.11.2017 passed in Cr. Misc. Nos. 33878 of 2017, 3465 of 2020 and 56197 of 2017 respectively.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the entire facts and circumstances of the case and taking into account the period of custody as also there being no direct allegation of assault against the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.4593 of 2024(2) dt.02-02-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Tajpur P.S. Case No. 06 of 2017.
(Rudra Prakash Mishra, J) rishi/- U T