Pankaj Kumar @ Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29335 of 2020 Arising Out of PS. Case No.-153 Year-2020 Thana- TARAIYA District- Saran ====================================================== PANKAJ KUMAR @ PANKAJ SINGH Son of Narendra Singh @ Deepak Singh Resident of Village- Saraiya Basant, P.S.- Taraiya, District- Saran841401. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Taraiya P.S. Case No. 153 of 2020, registered for the offences punishable under Sections 341, 323, 342, 324, 307 and 34 of the Indian Penal Code and section 27 of the Arms Act.

Petitioner is alleged to have caused gun shot injury in the abdomen of the informant and other co-accused are alleged to have assaulted by means of iron rod on the head of Ram Kumar Singh (deceased) who later on succumbed to the injury. It is submitted that petitioner is not the assailant of the

Patna High Court CR. MISC. No.29335 of 2020(2) dt.09-12-2020 2/2 deceased and he is alleged to have caused gunshot injury to the informant which has been found to be simple in nature. Both sides sustained injury.

Counsel for the State vehemently opposed the bail application and submitted that petitioner has got criminal antecedent, in response thereto, learned counsel for the petitioner submitted that in all those cases he is on bail. Considering the facts aforesaid and the fact that petitioner is not the assailant of deceased, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Saran at Chapra in connection with Taraiya P.S. Case No. 153 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T