Pankaj Yadav @ Fukul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9424 of 2025 Arising Out of PS. Case No.-239 Year-2022 Thana- AMARPUR District- Banka ====================================================== Pankaj Yadav @ Fukul Yadav S/o- Tunni Yadav @ Tuneshwar Yadav VillageBarijankipur Ps- Amarpur Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Amarpur P.S. Case No. 239 of 2022/ S.Tr. No. 494/2024 dated 29.04.2022, instituted for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, ten named accused persons including the petitioner herein are said to have come variously armed and one co-accused Ram Avatar Yadav shot at the informant's mother injuring her in her eyes. Thereafter all the accused persons escaped. The mother of the informant succumbed to the injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.9424 of 2025(4) dt.16-05-2025 2/2 case. It is further submitted that there is no specific allegation against the petitioner of firing rather the same is against coaccused Ram Avatar Yadav, who fired at the mother of the informant. It is next submitted that similarly situated co-accused person namely, Lallu Yadav @ Amit Kumar @ Amit Yadav has been granted bail vide order dated 29.02.2024 passed by a Coordinate Bench of this court in Criminal Miscellaneous No. 76330 of 2023. Lastly, it has been submitted that the petitioner is in custody since 16.08.2024 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Addl. Sessions Judge-I, Banka in Amarpur P.S. Case No. 239 of 2022/ S.Tr. No. 494/2024.

(Khatim Reza, J) Sankalp/- U T