Pankaj Kumar @ Chelwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24418 of 2023 Arising Out of PS. Case No.-183 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== PANKAJ KUMAR @ CHELWA SON OF SHANKAR SAO @ SHANKAR PRASAD R/O VILLAGE- NISHIAWAN, P.S.- MASAURHI, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Hriday Prasad, Advocate For the Opposite Party/s :

Mr. Narendra Kumar 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 Jakkanpur P.S. Case no.183 of 2020 registered under section 302 of the Indian Penal Code. As per the prosecution case, it is stated by the informant that his uncle was found murdered in his 'gumti'. The informant states that some unknown accused persons had murdered him.

Learned counsel for the petitioner submits that the FIR was registered against unknown. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in course of investigation in the confessional statement of coaccused Sanjit Kumar who has himself been enlarged on bail vide order dated 21.8.2021 passed

Patna High Court CR. MISC. No.24418 of 2023(2) dt.18-05-2023 2/2 in Cr.Misc. no.10781 of 2021(Annexure-3). The petitioner has been falsely implicated in the case. He is in custody for more than 3 years since 6.4.2020 and charge has been framed on 6.9.2021 which would be evident from the order of the learned trial Court. The petitioner undertakes to cooperate in the trial. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials on record, the contents of the order of the learned trial Court from which it is evident that the name of the petitioner transpired in the confessional statement of coaccused Sanjit Kumar and said Sanjit Kumar has been enlarged on bail vide order dated 21.8.2021 (Annexure-3), the petitioner having remained in custody for more than 3 years since 6.4.2020 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Jakkanpur P.S. Case no. 183 of 2020 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 Sessions Judge-XXVI, Patna.

(Partha Sarthy, J) Bibhash/- U