Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2657 of 2022 Arising Out of PS. Case No.-87 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== PANKAJ KUMAR S/o Lal Paswan R/o village- Bara Jagarnath, P.S.- Ahiyapur, District- Muzaffarpur ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bhavesh Kumar, Adv.

For the Respondent/s :

Mr.Binay Krishna, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard the parties.

Learned counsel for the appellant is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The appellant seeks bail in a case registered for the offence punishable under Sections 302/201/34 of the IPC and sections 3(1)(r)(s)/3(2)(v) of the SC/ST Act. Earlier, the prayer for bail of this appellant was rejected vide order dated 08.02.2022 passed in Cr. Appeal (SJ) No.4589 of 2021by this Court with a liberty to renew his prayer for bail after framing of charge.

The appellant has now filed this appeal for bail. It is submitted by learned counsel for the appellant that

Patna High Court CR. APP (SJ) No.2657 of 2022(2) dt.31-08-2022 2/3 charge has been framed against the appellant vide order dated 02.06.2022. The appellant is in custody since 12.02.2021. Considering the submissions made, the above named appellant is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ahiyapur P.S. Case No.87 of 2021, subject to the following conditions:

(1) One of the bailors will be own close relative of the appellant who will give on affidavit genealogy as to how he is relative to appellant. The bailor will also undertake to inform the court if there is any change in the address of the appellant. (2) The bailor shall also state on affidavit that he will inform the court concerned if the appellant is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (3) The appellant shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court

Patna High Court CR. APP (SJ) No.2657 of 2022(2) dt.31-08-2022 3/3 concerned.

(4) The appellant shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The appellant shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J) pallavi/- U T