Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6344 of 2024 Arising Out of PS. Case No.-44 Year-2023 Thana- MARAUNA District- Supaul ====================================================== Pankaj Kumar S/o Sahdeo Yadav @ Satyadeo Yadav R/o Vill - Koni Panchgachhia, P.S. - Supaul Nadi, Dist. - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.
3. As per prosecution case, the petitioner along with other co-accused persons is said to have killed the grand-son of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. Nothing specific allegation of firing has been made against this petitioner rather the specific allegation is against co-accused Bipin Kumar who fired upon the informant's grand-son due to
Patna High Court CR. MISC. No.6344 of 2024(4) dt.14-05-2024 2/3 which he died. Nothing consistent material has come against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 12.03.2024 in Cr. Misc. No. 15814 of 2024. Moreover, the petitioner is languishing in judicial custody since 03.10.2023.
5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Marauna P.S. Case No. 44 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul with following conditions:- (i) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.6344 of 2024(4) dt.14-05-2024 3/3 (ii) If the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move of cancellation of bail.
(iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bonds will be cancelled by the Court below.
(Sunil Kumar Panwar, J) Shubham/- U T