Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8841 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== PANKAJ KUMAR SINGH S/O LATE BAIDYA NATH SINGH R/v- Teliya, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 342, 324, 307, 436, 379, 354(B), 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, when the informant was doing some work in his shop as well as vacate land, all the accused persons named in the FIR including the petitioner came and started abusing, co-accused Dilip Singh inflicted rod blow, causing tear injury on the head of his nephew Dhiraj Kumar. It is further alleged that co-accused Dilip Singh and others ignited fire in the hut, as a result of which, articles kept in the hut burnt to ashes, thereafter accused persons assaulted his family members and looted away different articles.

Patna High Court CR. MISC. No.8841 of 2023(3) dt.15-05-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation of assaulting to other co-accused. There is no specific overt act against the petitioner. He further submitted that all the injured persons, who sustained injuries was found simple in nature. He is languishing in judicial custody since 27.10.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. 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 amount each to the satisfaction of the learned A.C.J.M.-1st (West), Muzaffarpur in connection with Kudhni P.S. Case No. 158 of 2022.

(Sunil Kumar Panwar, J) arish/- U T