Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16011 of 2020 Arising Out of PS. Case No.-563 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== PANKAJ KUMAR Son of Heera Singh Resident of Mohalla - Jhilganj, PipalGali, P.S.- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Advocate Mr.Rana Pratap Singh, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2020 Heard Sri Rajesh Kumar Singh assisted by Sri Rana Pratap Singh, learned counsel for the petitioner and Sri Akhileshwar Dayal, learned A.P.P. for the State through video conferencing.

The petitioner seeks bail in connection with Kotwali P.S. Case No. 563 of 2019, registered under Sections 25(1-b) a, 26/35 of the Arms Act.

The accusation is that informant along with other Police personnel proceeded for investigation in respect to Kotwali P.S. Case No. 562 of 2019 registered on 08.12.2019 under Sections 307/34 of Indian Penal Code and Section 27 of Arms Act lodged by Ajit Kumar employee of Maa Vaishnavi Travels Agency. In that course, informant Ramakant Tiwari received secret information that Pankaj Kumar (Petitioner),

Patna High Court CR. MISC. No.16011 of 2020(3) dt.20-08-2020 2/3 one of the accused of the said case, has come at his house at village-Jhilganj. Thereafter, informant and other Police personnel rushed there and surrounded the house of petitioner, then one person jumped from the roof and started fleeing, but he was apprehended, who disclosed his name Pankaj Kumar. On search, one country made pistol, three live cartridges and mobile phone recovered.

Learned counsel appearing for the petitioner submits that, in fact, Gaya Kotwali P.S. Case No. 562 of 2019 was instituted against Ravi Kumar and Biru along with two unknown, but on mere suspicion the petitioner was apprehended and remanded in the present case and also in Gaya Kotwali P.S. Case No. 562 of 2019. Further submission is that petitioner is also accused in M.M. P.S. Case No. 146 of 2019, as detailed in paragraph No.3. In the present case, the petitioner is in custody since 09.12.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 563 of 2019. One surety

Patna High Court CR. MISC. No.16011 of 2020(3) dt.20-08-2020 3/3 must be parents/close relative of the petitioner. (Rajendra Kumar Mishra, J) manish/- U T