Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24279 of 2020 Arising Out of PS. Case No.-45 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Pankaj Kumar Son Of Tuntun Rai Resident Of Village - Madaripur Karn, P.S.- Meenapur, District - Muzaffarpur ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Manoj Kumar Manoj, Advocate For the Opposite Party :
Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.
The petitioner seeks bail in a case registered for the offence punishable under sections 307/34 and other ancillary sections of the Indian Penal Code.
Informant alleges that on 29.1.2019 at 5.30 pm while going to market when he heard noise, he rushed to the spot and saw that the petitioner had caught hold of the hands of his son, whereas two other co-accused persons had grabbed his legs and had sat on his body with intention to kill him and co-accused Bhola Rai was slaughtering the throat of informant's son. On raising alarm by the informant, they fled away and the victim was taken to the hospital.
Learned counsel for the petitioner submits that the petitioner is the co-villager of the informant and in fact due to village politics and enmity, he has been implicated in this false case. Section 307 Indian Penal Code is not made against the petitioner as per the allegation made in the FIR. Charge sheet
Patna High Court CR. MISC. No.24279 of 2020(3) dt.04-11-2020 2/2 has also been filed in the case and petitioner has got no criminal antecedent and he is in custody since 1.5.2020. Learned counsel for the State opposes the prayer for bail. He submits that the witnesses have supported the allegation in course of investigation. He submits that the petitioner, by catching hold of the hands of the victim, tried to facilitate the commission of alleged offence.
In the facts of the case as also in view of nature and gravity of the offence, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) Shashi U T