Pankaj Kumar Singh @ Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3606 of 2022 Arising Out of PS. Case No.-54 Year-2020 Thana- BASOPATTI District- Madhubani ====================================================== PANKAJ KUMAR SINGH @ PANKAJ SINGH Son of Ram Naresh Singh Resident of Village - Madhiya, P.S.- Basopatti, Distt.- Madhubani (Bihar)- 847225 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmi Kant Tiwary, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 448, 341, 323, 324, 307, 379, 354B, 427 and 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 17.10.2021, charge-sheet has been submitted and is a person with clean antecedent. The informant alleges that while he was sitting at his shop then the accused persons came, thereafter Dipak Singh assaulted the informant with farsa on his head causing injury. Thereafter, the petitioner assaulted the elder brother of the
Patna High Court CR. MISC. No.3606 of 2022(2) dt.26-05-2022 2/3 informant on his head by an iron road causing injury. Thereafter, Ajit Singh assaulted the father of the informant on his head by an iron pipe and Bhola Singh dashed his mother on the ground as a result of which she became half necked and accused looted Rs.50,000/- and snatched Mangalsutra of his mother. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. From the side of the petitioner also Basopatti P.S. Case No. 55 of 2020 was instituted with regard to the same occurrence wherein it was alleged that on account of purchasing of certain articles from the shop of the informant, the present occurrence took place. Learned counsel further submits that even the petitioner received injury in the occurrence on his head.
The petitioner is not a criminal and in the heat of the moment, the occurrence took place. There is case and counter case and the petitioner is a young boy of 24 years of age and if he remains in custody for a longer period of time he may come in contact with the hardened criminal which may jeopardize the entire career of the petitioner.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody
Patna High Court CR. MISC. No.3606 of 2022(2) dt.26-05-2022 3/3 since 17.10.2021, charge-sheet has been submitted, is a person with clean antecedent and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Basopatti P.S. Case No. 54 of 2020.
(Satyavrat Verma, J) Kundan/- U T