Patna High CourtCR. MISC./49486/2021bail granted

Pankaj Yadav v. The State Of Bihar

2021-09-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49486 of 2021 Arising Out of PS. Case No.-251 Year-2019 Thana- MANSI District- Khagaria ====================================================== PANKAJ YADAV SON OF LATE RAJO YADAV R/O VILLAGERAJAJAN, P.S.- MANSI, DISTRICT- KHAGARIA. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abdul Mannan Khan Mr.Binay Kumar For the Opposite Party :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-09-2021 This matter has been taken up for hearing on-line because of COVID-19 Pandemic restrictions.

Heard learned counsel for the parties.

This application for grant of regular bail arises out of Mansi P.S. Case No. 251 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504,506 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner's prayer for regular bail was earlier rejected by an order dated 18.01.2021 passed in Cr. Misc. No. 33185 of 2020 with an observation that he shall be at liberty to renew his prayer for bail after six months, if, in the meanwhile, there is no substantial progress at the trial. There is allegation against the petitioner of having

Patna High Court CR. MISC. No.49486 of 2021(2) dt.01-09-2021 2/2 opened fire causing firearm injuries on the person of the informant.

Considering direct allegation against the petitioner and his involvement in another case for the offence punishable under Section 307 of the Indian Penal Code, his prayer for regular bail was rejected.

Mr. Abdul Mannan Khan, learned counsel appearing on behalf of the petitioner has drawn my attention to a copy of the order-sheet of the court below to demonstrate that till date even charge has not been framed against the petitioner. Considering the aforesaid submission that till date charge has not been framed and the petitioner is in custody since 25.02.2020, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria, in Mansi P.S. Case No. 251 of 2019. (Chakradhari Sharan Singh, J) Pawan/- U T