Pankaj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34988 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -PUSA District- SAMASTIPUR ====================================================== Pankaj Rai Son of Khageshwar Rai, R/o Village- Bishanpur Bathua, P.S.- Pusa, Distt.- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 04.05.2017 in connection with Pusa P.S. Case No. 36 of 2017 registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code. The prosecution case, as lodged by the informant, is that while he was sleeping in the night, petitioner along with five other named accused persons and six unknown accused persons came to his house and started

Patna High Court Cr.Misc. No.34988 of 2017 (2) dt.10-08-2017 2/3 assaulting him and his family members.

It has been submitted by the learned counsel for the petitioner that only general and omnibus allegation has been levelled against the petitioner and the injuries are simple in nature. He submits that both the parties were on inimical terms and that some of the co-accused on similar allegations, have been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 34924 of 2017 on 03.08.2017.

However, learned A.P.P. for the State opposes the prayer for bail.

Be that as it may, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Samastipur in connection with Pusa P.S. Case No. 36 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner and that petitioner will appear before the learned Court below as and when required and failure to

Patna High Court Cr.Misc. No.34988 of 2017 (2) dt.10-08-2017 3/3 appear before the learned Court below on three consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T