Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25354 of 2017 Arising Out of PS.Case No. -200 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Pankaj Kumar, Son of Sri Subodh Singh, Resident of Mohalla- Ram Nagar, Gonawa, Nawadah, Police Station- Nawadah, District- Nawadah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gouranga Chatterjee, Adv. For the Opposite Party/s : Mr. Sri Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-06-2017 Heard Mr. Gouranga Chatterjee, learned counsel for the petitioner and Mr. Binod Kumar, learned Additional Public Prosecutor for the State.

The petitioner is seeking regular bail in connection with Nawadah Town P.S. Case No. 200 of 2017 registered for the offences under sections 147, 148, 149, 341, 323, 307, 353, 188, 283, 337, 153(A), 427 of the Indian Penal Code, section 27 of the Arms Act and 3/4 of the Explosive Substance Act.

The prosecution case, as alleged, in the First Information Report would show that there was a free fight during a religious ceremony between two communities and in the said fight, both the sides were pelting stones at each other. The Police chased and arrested some persons from the said communities and registered the present case against the named as well as one thousand unknown

Patna High Court Cr.Misc. No.25354 of 2017 (2) dt.06-06-2017 2/2 persons.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner and the First Information Report would itself show that there was a free fight from two communities on some religious occasion. The petitioner has got no criminal antecedent and he has produced a copy of order dated 29.05.2017 passed in Cr. Misc. No. 23307 of 2017 showing that some other similarly persons have already been granted bail by a coordinate Bench of this Court. Learned APP opposed the prayer for bail, but could not place any significant material to prevent the petitioner to the privilege of bail.

In the facts and circumstances stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Nawadah Town P.S. Case No. 200 of 2017, subject to the condition that one of the bailors shall be a family member of the petitioner having no criminal antecedent. Accordingly, this application is disposed of. (Rajeev Ranjan Prasad, J) Mahesh/- U T