Pankaj Paswan @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11763 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Pankaj Paswan @ Pankaj Kumar Son of Mahendra Paswan Resident of Village-Kathautiya, P.S.-Halsi, District-Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar, Advocate For the State :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Halsi P.S. Case No. 14 of 2023 instituted for the offence under Sections 147, 148, 149, 341, 302 & 504 of the Indian Penal. 3.

As per prosecution case, the petitioner and coaccused persons are alleged to have stopped the informant's son and threatened to kill. One 'Satendra Paswan' assaulted on the head of the informant's son with Khanti. The other co-accused persons surrounded him and assaulted him with lathi, danda, bricks, and stones causing severe injuries and he died during the course of treatment.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.11763 of 2024(2) dt.26-02-2024 2/3 that the petitioner is in custody since 13-10-2023. Petitioner is stated to be man of clean antecedent 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no direct allegation attributed to the petitioner. Specific allegation of assault is on 'Satyendra Paswan', who has been granted bail by a Co-ordinate Bench of this Court vide order dated 11-10-2023, passed in Cr. Misc. No. 51620 of 2023. Other similarly situated co-accused have been granted bail by a Co-ordinate Bench of this Court vide order dated 28-08-2023 and 14-07-2023, passed in Cr. Misc. No. 35752 of 2023 and Cr. Misc. No. 41716 of 2023, respectively.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Halsi P.S.

Patna High Court CR. MISC. No.11763 of 2024(2) dt.26-02-2024 3/3 Case No. 14 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T