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Patna High CourtCR. MISC./30943/2022bail granted

Pinchu @ Pintu Kumar Yadav @ Pinchu Kumar v. The State Of Bihar

2023-01-04Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30943 of 2022 Arising Out of PS. Case No.-66 Year-2021 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== PINCHU @ PINTU KUMAR YADAV @ PINCHU KUMAR Son of Sakal Singh @ Late Saka Yadav Resident of Village - Kasba, P.S.- Salimpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 342, 323, 324, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with GRPS Bakhtiyarpur (Khusrupur) P.S.Case No. 66 of 2021.

As per allegation, when the informant boarded the train, four male accused persons, including the petitioner, started

Patna High Court CR. MISC. No.30943 of 2022(4) dt.04-01-2023 2/3 firing on him. He sustained injuries in his leg. One woman also sustained some injuries. The injured informant was brought to the NMCH, Patna where his fardbeyan was recorded. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He is a person of clean antecedent. There is previous enmity between the parties and the petitioner had lodged Bakhtiyarpur P.S.Case No. 163 of 2005 under Section 307 and other allied Sections of the IPC including Section 27 of the Arms Act against the informant and his father. That case was committed to the court of sessions and the trial is going on. He has submitted further that it was the reason for false implication of the petitioner in the present case.

Considering the above facts and circumstances, especially the clean antecedent of the petitioner, let the petitioner above-named, in event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate Patna in connection with GRPS Bakhtiyarpur (Khusrupur) P.S.Case No. 66 of 2021, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.30943 of 2022(4) dt.04-01-2023 3/3 438(2) Cr. P.C.

If it is found that the petitioner is accused in any other criminal case, the learned court below shall be at liberty to cancel his bail bond.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T