Patna High CourtCR. MISC./40069/2023bail rejected

Pankaj Singh v. The State Of Bihar

2024-01-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40069 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- NADI P.S. District- Bhagalpur ====================================================== PANKAJ SINGH S/O TUNO SINGH R/O Village- Hario, PS. Bihpur, Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Nadi P.S Case No. 06/2023 dated 10.03.2023 registered for the offences punishable under Sections 302 and 120B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have fired on the informant's brother indiscriminately leading to his death. It is further alleged

Patna High Court CR. MISC. No.40069 of 2023(5) dt.10-01-2024 2/2 that the accused persons took away the dead body of the informant's brother from the spot.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case of account of land dispute. The petitioner is accused in five other criminal cases as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that there is specific allegation of firing against the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within six weeks from the date of this order and the Court below will consider the prayer of the bail of the petitioner without being prejudice by this order.

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