Pankaj Ram @ Pratap Ram @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12029 of 2025 Arising Out of PS. Case No.-4 Year-2005 Thana- Kharagpur District- Munger ====================================================== Pankaj Ram @ Pratap Ram @ Pankaj Kumar Son of Narayan Ram Resident of Village- Khaira, P.s.- Kajra, Distt.- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar, Adv.
For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 584A of 2009 arising out of Kharagpur P.S. Case No. 4 of 2005 instituted for the offences under Sections 302/307, 323, 324, 427, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act and Section 3⁄4 of the Explosive Substance Act.
3. The case relates to murder of S.P. Munger and three constables by suspected extremists.
4. The present case is the misuse of bail. Earlier, the petitioner has moved before this Court with a prayer for bail wherein the petitioner was granted bail with certain conditions
Patna High Court CR. MISC. No.12029 of 2025(2) dt.04-03-2025 2/3 vide order dated 03.11.2010 passed in Cr. Misc. No. 13833 of 2010. Learned counsel for the petitioner submits that after grant of regular bail, for want of proper Pairvi, the bail bond of the petitioner stood cancelled on 19.01.2016 and the petitioner was declared absconder on 11.02.2021. He further submits that the charge has been framed on 21.05.2024 but, till date, the case is pending and not a single witness has been examined as yet. Learned counsel for the petitioner further submits that the petitioner undertakes that in future he will never misuse the privilege of bail and remain present in the court below as and when required. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.03.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also taking into account the undertaking given by the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.12029 of 2025(2) dt.04-03-2025 3/3 satisfaction of Court below/concerned Court in connection with Sessions Trial No. 584A of 2009 arising out of Kharagpur P.S. Case No. 4 of 2005, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T