Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47392 of 2019 Arising Out of PS. Case No.-179 Year-2018 Thana- JHANJHARPUR District- Madhubani ====================================================== Pankaj Kumar Singh Son of Late Lakhan Singh @ Munni Singh Resident of Village - Nawani, P.O.and P.S.- Jhanjharpur, dist.- Madhubani, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nirbhay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Umeshwarnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner seeks bail in Jhanjharpur (Arariya Sangaram) P.S. Case No. 179 of 2018 G.R. No. 1705 of 2018, registered for the offences punishable under Sections 143, 448, 341, 342, 323, 307, 504 and 506 of the Indian Penal Code. The petitioner is alleged to have assaulted the deceased on his shoulder with Farsa.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner is innocent. There is specific allegation against co-accused Raushan Kumar Singh who assaulted the deceased on his head with Tengari. Postmortem report does not support the prosecution case. No corresponding injury has been found on the shoulder of the deceased. Chargesheet has already been submitted. Petitioner is in custody since 26.12.2018 having

Patna High Court CR. MISC. No.47392 of 2019(5) dt.24-10-2019 2/2 clean antecedent.

Counsel for the informant vehemently opposed the prayer for bail and submitted that petitioner is one of the assailants and the deceased had sustained multiple injuries. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Jhanjharpur, Madhubani in connection with Jhanjharpur (Arariya Sangaram) P.S. Case No. 179 of 2018 G.R. No. 1705 of 2018, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T