Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36425 of 2023 Arising Out of PS. Case No.-28 Year-2022 Thana- HATHAURI District- Muzaffarpur ====================================================== PANKAJ KUMAR SON OF MR. KAMESHWAR SHARMA RESIDENT OF VILLAGE- DHANUSHI, PS- HATHAURI, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Hathauri P.S. Case No. 28 of 2022 dated 24.1.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307, 332, 336, 353, 427 and 504 of the Indian Penal Code.

As per the prosecution case, the police arrested one Manish Kumar with liquor and in the evening his family members along with 40-50 persons came there and they got the co-accused Manish Kumar released from the police custody. They also created chaos and pelted stones, as a result of which some police personnel

Patna High Court CR. MISC. No.36425 of 2023(2) dt.07-07-2023 2/2 became injured.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 17.09.2022 passed in Cr. Misc. No. 29273 of 2022. The petitioner has got one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Hathauri P.S. Case No. 28 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T