Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44588 of 2025 Arising Out of PS. Case No.-291 Year-2021 Thana- SAUR BAZAR District- Saharsa ====================================================== Pankaj Kumar S/o Shiv Nandan Yadav Resident of Village- Dhamsean Ward No. 2, P.S.- Sour Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sour Bazar P.S. Case No. 291 of 2021 instituted for the offences under Sections 147, 148, 149, 341, 323, 342, 307, 447, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case as emanates from the FIR is that the petitioner fired indiscriminately upon the informant and due to which, one bullet hit on his back on the right side.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner.

Patna High Court CR. MISC. No.44588 of 2025(5) dt.16-09-2025 2/3 Learned counsel further submitted that the petitioner is being dragged in this case at the instance of his enemies. Charge-sheet has been submitted in this case. Learned counsel further submitted that the injuries sustained by the injured are grievous in nature. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.03.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sour Bazar P.S. Case No. 291 of 2021, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.44588 of 2025(5) dt.16-09-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T