Pankaj Kumar @ Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59943 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ====================================================== Pankaj Kumar @ Pankaj Yadav, Son of Kapildeo Yadav, Resident of Village- Mahuli, P.S.- Hasanpur, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjit Kumar Yadav, Advocate For the Opposite Party: Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 07.09.2017 in connection with Hasanpur P.S. Case No. 132 of 2017 for the offences alleged under Sections 147, 148, 149, 307, 323, 324, 337 and 353 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in an occurrence arising out of the land dispute between the parties. The accusations are general and omnibus in nature and no specific role has been assigned to the petitioner. Similarly situated co-accused, namely, Raja Ram Yadav, Vikash Kumar, Jagdish Yadav, Dilip Yadav, Naresh Yadav and Indra Narayan Yadav @ Endranarayan Yadav have been granted bail by this Court in Cr. Misc. No. 57030 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, III, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 132

Patna High Court Cr.Misc. No.59943 of 2017 (2) dt.12-12-2017 2/2 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T