Pankaj Kumar @ Pankaj Kumar Yadav @ Laxmi Yadav@Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40739 of 2025 Arising Out of PS. Case No.-137 Year-2009 Thana- SHERGHATI District- Gaya ====================================================== Pankaj Kumar @ Pankaj Kumar Yadav @ Laxmi Yadav@Pankaj Yadav S/o Hardeo Yadav R/o Village Piparghathi PS Dobhi Dist Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S. Jamil Akhter, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sherghati P.S. Case No. 137 of 2009 instituted for the offence under Sections 341, 342, 307 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The informant while approaching his house, saw three armed individuals including the petitioner. Co-accused Parkash Bhuian assaulted him with a lathi, and the petitioner allegedly opened fire. The informant caught hold of the petitioner briefly and raised an alarm, but all the accused managed to escape.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.40739 of 2025(2) dt.09-07-2025 2/3 that the petitioner is in custody since 21-01-2025. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

The present one is the case of misuse of grant of bail granted to the petitioner by the court below. Learned counsel for the petitioner submits that the petitioner, who was earlier granted bail and faced trial after charge-sheet and cognizance, failed to appear in court on 01.09.2010, leading to cancellation of bail and issuance of process under Sections 82/83 Cr.P.C. Petitioner remained absconding for nearly 14 years due to ignorance of legal procedures and being away for labour work. Learned counsel for the petitioner submits that petitioner now assures full cooperation with the court and undertakes not to abscond or tamper with evidence. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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

Patna High Court CR. MISC. No.40739 of 2025(2) dt.09-07-2025 3/3 Court below/concerned Court in connection with Sherghati P.S. Case No. 137 of 2009.

(Rudra Prakash Mishra, J) Raj Kishore/- U T