Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40946 of 2023 Arising Out of PS. Case No.-252 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== Pankaj Yadav, Son of Late Umesh Yadav, Resident of Village - Govindpur, Ps- Maheshkhunt, Distt- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 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 Mahesh Khunt P.S. Case No. 252 of 2022 dated 26.10.2022 registered for the offences punishable u/ss 341, 307, 379, 326, 120B, 506 and 302 read with Section 34 of the Indian Penal Code and u/s 27 of the Arms Act.

As per the prosecution case, the allegation against the petitioner and the co-accused persons is that they took the son

Patna High Court CR. MISC. No.40946 of 2023(2) dt.19-07-2023 2/3 of the informant by calling and opened fire upon him as a result of which, he sustained head injury and in course of treatment, he died. It is further alleged that the accused persons also snatched gold chakti worth Rs. 10,000/- from the neck of the son of the informant.

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. The specific allegation of firing is against the coaccused Pappu Yadav. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 01.05.2023 passed in Cr. Misc. No. 15118 of 2023. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.01.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.40946 of 2023(2) dt.19-07-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Mahesh Khunt P.S. Case No. 252 of 2022.

The application stands allowed.

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