Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37529 of 2024 Arising Out of PS. Case No.-200 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== Pankaj Kumar, (Age-34 years, Gender-Male), Son of Sri Vijay Raut, Resident of Village - Bahora Bigha, P.S.- Muffasil, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 200 of 2021 instituted for the offences punishable under Sections 404, 471, 420, 467, 468/34 and 120(B) of the Indian Penal Code.
3. As per the prosecution case, it is case of impersonation for grabbing of other persons land.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of previous enmity. It is further submitted that as per the FIR the occurrence took place on 19.09.2013 and the FIR has been
Patna High Court CR. MISC. No.37529 of 2024(2) dt.21-05-2024 2/3 lodged on 28.04.2021 after a delay of 8 years but there is no any plausible reason in this regard. He further submits that the informant is alleging that she is unknown with both the registry done to one Smt. Champa Devi and there is no any fault of the petitioner in the said registry. Petitioner has got no criminal antecedent as stated in para 3 of the petition is in custody since 17.12.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-Xth, Gaya dated 30.03.2024, it appears that petitioner is named in the FIR. The allegation against the petitioner is that he took land on rent for five years in which some witnesses on the agreement for rent executed on non-judicial stamp of Rs. 1,000/- and there is no other allegation against the petitioner. Petitioner is the husband of Champa Devi. Similarly situated Co-accused person namely Sarvesh Kumar @ Vicky has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 26825 of 2023 vide order dated 07.07.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.37529 of 2024(2) dt.21-05-2024 3/3 Chief Judicial Magistrate, Gaya in connection with Mufassil P.S. Case No. 200 of 2021.
(Ramesh Chand Malviya, J) Anand Kr.
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