Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24315 of 2022 Arising Out of PS. Case No.-171 Year-2021 Thana- ALOULI District- Khagaria ====================================================== PANKAJ YADAV Son of Chamru Yadav Resident of Village- Rampur Alauli, Police Station - Alauli, District - Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered u/s 457, 307, 120B read with 34 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, when the informant was going to his house after getting down from the stairs, a bullet was fired on him, which hit the thigh of his right leg and when the informant looked back, he saw that the petitioner along with co-accused Saroj Mandal was holding pistol in their hands and

Patna High Court CR. MISC. No.24315 of 2022(2) dt.12-08-2022 2/2 the co-accused Saroj Mandal fired bullet on him. The informant was also threatened by the petitioner and the other co-accused. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. There is no specific allegation against the petitioner. The allegation is against the co-accused Saroj Mandal of firing. The petitioner is in custody since 22.01.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged 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, Khagaria in connection with Alauli P.S. Case No. 171 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T