Pankaj Kapar @ Haldhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24410 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== PANKAJ KAPAR @ HALDHAR Son of Late Kashi Kapar Resident of village-Bhuidhara dih, P.O.-Muffasil, P.S.-Muffasil, District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in connection with Mufassil P.S. Case no. 170 of 2022 registered under sections 307, 504 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated that the two named accused persons including the petitioner herein entered into the house of the informant and started to hurl abuses. Thereafter an attempt was made by the informant to catch hold of the petitioner. The petitioner resorted to indiscriminate firing and escaped.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case

Patna High Court CR. MISC. No.24410 of 2023(2) dt.18-05-2023 2/2 because of enmity between the parties. No one sustained any injury in the alleged occurrence. The petitioner is in custody since 6.12.2022 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, no person having sustained any injury in the occurrence alleged, the petitioner having remained in custody for 5 months since 6.12.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Samastipur Mufassil P.S. Case no. 170 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Samastipur.

(Partha Sarthy, J) Bibhash/- U