Pankaj Yadav @ Fukla Yadav @ Pankaj Kumar @ Pankaj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23178 of 2025 Arising Out of PS. Case No.-99 Year-2022 Thana- AMARPUR District- Banka ====================================================== Pankaj Yadav @ Fukla Yadav @ Pankaj Kumar @ Pankaj Kumar Yadav S/O Tunnee Yadav @ Tuneswar Yadav R/O Village- Jankipur, P.S- Amarpur, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Amarpur P.S. Case No. 99 of 2022, instituted for the offences punishable under Sections 147, 149, 341, 342, 323, 354 and 307 of the Indian Penal Code.
3. The prosecution case, in short, is that, the allegation against the accused persons including the petitioner is of assaulting the informant by means of butt of pistol, iron rod as also dagger due to which she sustained different injuries on her body.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.23178 of 2025(7) dt.18-07-2025 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of ten days in lodging the FIR. No specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. It is next submitted that there is earlier land dispute between the parties. The petitioner is in custody since 12.11.2024 and has got six criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 04.03.2024 passed in Cr. Misc. No. 12976 of 2024.
5. Learned APP 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 and taking into account 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 after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. Case No. 99 of 2022, subject to the following conditions:
Patna High Court CR. MISC. No.23178 of 2025(7) dt.18-07-2025 3/3 (I) One of the bailors shall be own/close member of 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.
(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T