Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16161 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== Pankaj Kumar Son Of Daun Rai R/O Village/Mohalla- Kharjama, P.S.- Mahnar, District- Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahnar P.S. Case No. 144 of 2022 dated 30.05.2022 lodged under Sections 341, 323, 307, 302, 504 & 34 of the I.P.C. As per the prosecution case, the specific allegation has been made against 5 known accused persons and 10 unknown accused persons that they all have attacked on the deceased and assaulted him by bamboo, in result the mother of the injured died.

Learned counsel for the petitioner submits that from the content of the F.I.R., it is clear that both accused persons and

Patna High Court CR. MISC. No.16161 of 2023(2) dt.10-05-2023 2/2 petitioner are resident of same village and they are well-known to each other. On petty issues, the dispute occurred and open fight has started from both the sides in which one side injured which resulted into death.

Counsel further submits that petitioner is in custody since 12.12.2020 having clean antecedent. Counsel also submits that a similarly situated person, namely, Vivek Kumar has been granted bail by the Co-ordinate Bench of this Court vide order dated 22.12.2022 passed in Cr. Misc. Case No.51860 of 2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 144 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T