Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6263 of 2024 Arising Out of PS. Case No.-411 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Pankaj Singh S/O Late Balram Singh R/O Village- Laldiyara, P.S- Pipariya, Distt.- Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 411 of 2021 registered for the offence under Section 302/34 IPC and 27 of the Arms Act.
3. Prosecution case relates to commission of murder of the informant's husband by the unknown criminals.
4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 30.09.2023.
5. However, learned APP for the State vehemently
Patna High Court CR. MISC. No.6263 of 2024(2) dt.16-02-2024 2/3 opposed the prayer for regular bail.
6. Heard both the parties, perused the first information report, impugned order dated 02.11.2023 passed by learned Additional Sessions Judge 1st -cum-Special Judge, SC/ST, Lakhisarai. It appears that on the basis of written report of Pushpa Kumari, wife of deceased FIR was lodged under Section 302/34 IPC and 27 Arms Act against three unknown persons. The name of the petitioner surfaced from the CCTV footage along with other co-accused. Other co-accused have been granted bail by co-ordinate Benches of this Court in Cr. Misc. Nos. 70943 of 2022, 13242 of 2023, 83092 of 2023 vide orders dated 14.3.2023, 26.04.2023, 2.1.2024.
7. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM -II, Lakhisarai/incharge successor court in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 411 of 2021.
8. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is
Patna High Court CR. MISC. No.6263 of 2024(2) dt.16-02-2024 3/3 made clear that if the charge has not been submitted, then the petitioner shall be released on bail on above condition and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) saurabhkr/- U T