Patna High CourtCR. MISC./32299/2024bail granted

Pankaj Kumar v. The State Of Bihar

2024-04-30Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32299 of 2024 Arising Out of PS. Case No.-181 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Pankaj Kumar S/o Sukhdev Pasawan R/o vill - Pipra Didraj, ward no. 8, P.S. - Teghra, Distt. - Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Teghra P.S. Case No. 181 of 2023, instituted for the offences punishable under Sections 385, 387 of the Indian Penal Code, Sections 25(1-b)a, 27 and 37 of the Arms Act.

3. The prosecution case, in short, is that, the petitioner went to the shop of the informant and demanded amount of Rs. 1,00,000/- and tried to fire upon the informant but was caught by the villagers and handed him over to the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.32299 of 2024(2) dt.30-04-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is co-villager and has not demanded any money from the informant. The petitioner is in custody since 10.06.2023 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Teghra P.S. Case No. 181 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T