Pankaj Kumar @ Radhey Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53664 of 2024 Arising Out of PS. Case No.-158 Year-2024 Thana- CHANDAUTI District- Gaya ====================================================== 1.
Pankaj Kumar @ Radhey Kumar S/O Sunil Prasad Resident of VillageKujapi,P.S.-Chandauti,Distt-Gaya 2.
Sunil Prasad S/O Late Madan Mohan Prasad Resident of VillageKujapi,P.S.-Chandauti,Distt-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in Chandauti P.S. Case No. 158 of 2024, instituted for the offences punishable under Sections 341, 504, 506, 323, 307, 354, 354(b), 379/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, all the F.I.R. named accused persons including the petitioners armed with weapons came at the shop of the informant, abused and assaulted him. Petitioner No. 1 has assaulted the father of the informant by means of iron rod and lathi. Wife of the informant came to save them but co-accused Ankit Kumar outraged the
Patna High Court CR. MISC. No.53664 of 2024(2) dt.07-08-2024 2/3 modesty of his wife and petitioner no. 1 snatched golden locket from her neck. Petitioner No. 2 has also assaulted wife of the informant by means of kick and slap.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioner further submits that the both the parties are gotiyas and have land dispute between them. It appears from the injury report of the father of the informant that the injury caused to him is simple in nature caused by hard and blunt object. The petitioners are in custody since 05.05.2024 and have got three criminal antecedents in which they are on bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with
Patna High Court CR. MISC. No.53664 of 2024(2) dt.07-08-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chandauti P.S. Case No. 158 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T