Patna High CourtCR. MISC./17026/2023bail granted

Pankaj Rawat @ Pankaj Kumar v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17026 of 2023 Arising Out of PS. Case No.-310 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== Pankaj Rawat @ Pankaj Kumar Son Of Jai Nath Rawat @ Jaynath Rawat Resident Of Village - Gidhaur, P.S.- Lakshmipur (Gidhaur), District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Pd. Keshri, Advocate For the Informant :

Mr. Amar Prakash, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Lakshmipur (Gidhaur) P.S. Case No. 310 of 2022 dated 20.09.2022 registered for the offences u/ss 302 and 306 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant's brother-in-law with fists, slaps and pressed his neck due to that

Patna High Court CR. MISC. No.17026 of 2023(3) dt.02-08-2023 2/2 he became unconscious and consequently he died.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is no specific allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.12.2022.

6. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Lakshmipur (Gidhaur) P.S. Case No. 310 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T