Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11583 of 2023 Arising Out of PS. Case No.-88 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== PANKAJ KUMAR Son of Ajit Pandey R/v- Head Manpur, Pandit Tola, P.S.- Buniyadganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 326, 307/34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, while the informant was at his medical, meanwhile two miscreants came there and one of them fired upon the informant which hit near his ears due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR rather he was apprehended on the basis of suspicion and confessed his guilt regarding the alleged incident. The

Patna High Court CR. MISC. No.11583 of 2023(5) dt.02-08-2023 2/2 petitioner, in his confessional statement disclosed the name of the co-accused namely, Golu Sharma as the main assailant who committed the alleged offence. It is also submitted vide para 129 of the case diary that the petitioner was put on TI Parade and he was identified by the informant but the informant did not disclose the fact that who fired upon him. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, he is languishing in judicial custody since 20.8.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Buniyadganj P.S. Case No. 88 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIIIth, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T