Pankaj Kumar Yadav @ Pankaj Yadav @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7710 of 2024 Arising Out of PS. Case No.-718 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Pankaj Kumar Yadav @ Pankaj Yadav @ Pankaj Kumar S/o Nandan Yadav @ Madan Kumar Albela R/o Vill - Dalelchak, P.S. - Belaganj, Dist. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priya Ranjan For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 386 and 307of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation in the FIR, on the alleged date of occurrence while the informant was returning from Sakir Bigha to Belaganj in the way, six persons on two motorcycles came and tried to intercept his Scorpio and petitioner and other coaccused started indiscriminate firing but he narrowly escaped. It is further alleged that on previous day at about 10 A.M., the aforesaid accused persons along with 20-25 unknown persons had surrounded informant near the temple gate, pointing the pistol, they had threatened him to kill, if informant would fail to
Patna High Court CR. MISC. No.7710 of 2024(2) dt.17-02-2024 2/3 deliver ransom of Rs. 5 lakhs. However, the local villagers saved the informant.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Neither the petitioner was apprehended on the spot nor any incriminating article or any fired pellets was recovered from the place of occurrence. There is no specific allegation against this petitioner either of making shot fire or for giving threat to kill the informant. Informant himself is a person of criminal mentality and many criminal cases pending against him as stated in para 8 of the bail petition. No injury has been caused to the informant or any other person in the alleged occurrence. Petitioner is languishing in judicial custody since 02.12.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like
Patna High Court CR. MISC. No.7710 of 2024(2) dt.17-02-2024 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 718 of 2023.
(Sunil Kumar Panwar, J) lata/- U T