Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71109 of 2018 Arising Out of PS. Case No.-116 Year-2015 Thana- SAKURABAD District- Jehanabad ====================================================== Pankaj Kumar son of Kamla Singh, resident of Village- Jharkha, Post- Ratni Bazar, Police Station- Shakurabad, District- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar For the Opposite Party/s :
Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Shakurabad P.S. Case No. 116 of 2015, Sessions Trial No. 286 of 2018/ 171 of 2018 instituted for the offences under Section(s) 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner has submitted that in the written report there is specific allegation of causing firearm injury to the deceased against Satyendra Kumar. Learned Addl. P.P. has submitted that total five cases are pending against this petitioner.
Learned counsel for the petitioner has submitted that petitioner has been acquitted in two cases out of five cases as mentioned in para 3 of bail petition. He is on bail in three cases.
Patna High Court Cr.Misc. No.71109 of 2018(2) dt.05-12-2018 2/3 It is alleged in the written report that on the date of occurrence son of informant was looking after the arrangement of Chaturmas Yagya. In the meantime, petitioner came on motorcycle and requested to park his motorcycle in the side. On protest, petitioner started assaulting the son of informant. It is further alleged that father, namely, Kamla Singh and brother, namely, Satyendra Kumar, of petitioner also arrived. Father of petitioner ordered to kill son of informant then petitioner caught hold him and Satyendra Kumar made firing upon him, who died on the spot.
From the written report itself, it appears that there is specific allegation of causing firearm injury against co-accused Satyendra Kumar.
Petitioner is in custody since 13.07.2018.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II, Jehanabad, in connection with Shakurabad P.S. Case No. 116 of 2015, Sessions Trial No. 286 of 2018/ 171 of 2018, subject to the condition that both the bailors shall be close
Patna High Court Cr.Misc. No.71109 of 2018(2) dt.05-12-2018 3/3 relative of the petitioner.
(Sanjay Priya, J) rakhi/- U T