Pankaj Kumar @ Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32208 of 2025 Arising Out of PS. Case No.-5 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Pankaj Kumar @ Pankaj Singh S/o- Late Shaligram Singh @ Gandhiji Resident of village- Mirjapur Ps- Begusarai Town District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 05 of 2024 dated 03.01.2024 instituted for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date of occurrence, when the informant along with her son was coming to her house from Naulakha Temple, the petitioner and other accused persons started assaulting her son. It is alleged that the petitioner assaulted on the back side of the head of her son with iron rod. Other accused persons also assaulted her son. It is alleged that her son succumbed to the injuries.
4. A supplementary affidavit has been filed annexing
2/4 the depositions of the informant who has deposed as P.W.-1 in S.T. Case No. 407 of 2025 and P.W.-2 in S.T. Case No. 250 of 2025.
5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the informant in her evidence stated that Rampati, Chintu Singh and three other persons caught her son and started assaulting by means of iron rod. It is further submitted that neither there is any whisper against the petitioner nor she took the name of the petitioner in her statement. In paragraph 4 of the evidence adduced by the informant/P.W.-1 in S.T. Case No. 407 of 2025, she has completely denied the identification of the petitioner. Lastly, it has been submitted that the petitioner is in custody since 17.10.2024 having four criminal cases against him. Charge-sheet has been submitted in the case.
6. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
7. From perusal of the evidence adduced by the informant, it is apparent that she has not levelled any allegation against the petitioner.
8. Having considered the facts and circumstances of
3/4 the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 05 of 2024, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the
4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the conclusion of trial.
(Khatim Reza, J) premchand/- U T