Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18596 of 2024 Arising Out of PS. Case No.-99 Year-2020 Thana- KURSAILA District- Katihar ====================================================== PAWAN KUMAR SINGH SON OF LATE GYAN CHAND SINGH RESIDENT OF VILLAGE - SAPAHA, P.S. - TIKKAPATI, DISTRICT - PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kursela P.S. case No. 99 of 2020 instituted for the offences under Sections 341, 323, 384, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that on the alleged date and time of occurrence, all the accused persons including this petitioner arrived at the site of the informant, abused and assaulted him and demanded ransom. The accused persons also threatened to kill if the ransom is not paid. It further alleged that they made indiscriminate firing and fled away.

Patna High Court CR. MISC. No.18596 of 2024(2) dt.21-03-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that no offence under Section 307 and 384 is made out as there is no allegation of payment of ransom or firing upon anybody. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.04.2023 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no direct allegation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kursela P.S. case No. 99 of 2020, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.18596 of 2024(2) dt.21-03-2024 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T