Pankaj Kumar Gupta @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41614 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- CIVIL LINE District- Gaya ====================================================== PANKAJ KUMAR GUPTA @ PANKAJ KUMAR SON OF AJAY KUMAR @ AJAY PRASAD GUPTA RESIDENT OF MOHALLA- MARANPUR, PSVISHNUPAD, DISTRICT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Prasad For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.
The allegation against the petitioner and his two sons is that they assaulted the younger brother of the informant (deceased) due to which he sustained injury and in course of treatment, he died.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR and the other co-accused Virendra Kumar
Patna High Court CR. MISC. No.41614 of 2023(2) dt.14-07-2023 2/2 @ Virendra Vishwakarma, who is named in the FIR and was said to be involved in the present case has already been granted bail by a Co-ordinate Bench vide order dated 09.12.2022 passed in Cr. Misc. No. 48851 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.02.2023. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Civil Line P.S. Case No. 141 of 2022.
(Sunil Kumar Panwar, J) arish/- U T