Pankaj Ram @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31433 of 2020 Arising Out of PS. Case No.-79 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== PANKAJ RAM @ PANKAJ KUMAR S/o Bahadur @ Ram Bahadur Singh @ Ram Bahadur Ram @ Bahadur Ram Resident of Village- Naya Tola, P.S.- Sahebpur Kamal, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mrs. Pshpa Sinha-1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Sahebpur Kamal P.S. case No. 79/2019 registered u/s 147, 148, 149, 341, 307, 302, 323 of the IPC.

The informant, wife of the deceased, named altogether 17 persons, including the petitioner, and alleged that they all surrounded her husband. Shivdani Ram assaulted the husband of informant with Axe. The wife and daughter of Dinesh Ram, Gorelal Ram, Dinesh Ram caught Shivjee Choudhary and assaulted him. Pankaj Ram and Sudhir Ram indiscriminately assaulted Shivjee Choudhary with iron rod on his head.

The learned counsel for the petitioner submits that the deceased was driver of the vehicle of B.D.O and the allegation of assault is against Shivdani Ram and not against the petitioner.

Patna High Court CR. MISC. No.31433 of 2020(2) dt.01-12-2020 2/2 The petitioner and Sudhir Ram are alleged to have assaulted Shivjee Choudhary but Shivjee Choudhary did not receive any injury. Sudhir Ram has already been granted anticipatory bail vide order passed in Cr. Misc. No. 9401/2020 and the case of petitioner stands on same footing.

It appears that petitioner is not the assailant of the deceased, husband of the informant. The petitioner and Sudhir Ram are alleged to have assaulted Shivjee Choudhary with iron rod but learned counsel for the petitioner submits that Shivjee Choudhary did not receive any injury and Sudhir Ram has already been granted anticipatory bail.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. case No. 79/2019.

(Prabhat Kumar Jha, J) BKS/- U T