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Patna High CourtCR. MISC./49837/2025bail granted

Pankaj Kumar @ Luksi v. The State Of Bihar

2025-10-15Mr. Justice S. B. P. Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49837 of 2025 Arising Out of PS. Case No.-269 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== PANKAJ KUMAR @ LUKSI S/O JAGDISH RAI Resident of VillageJitwarpur, Nizamat Ward No.10, Police Station- Muffasil District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anish Kumar, Advocate For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 379, 384, 386, 504 and 34 of the Indian Penal Code.

3. The prosecution case, in short is that a case being Samastipur (Muffasil) P.S. Case No.460 of 2021 was lodged against the petitioner and other co-accused persons in which the petitioner went to jail. On the alleged date of occurrence, while the informant was present near Kanhaiya Chowk Petrol Pump, the accused persons abused and slapped him. It is further alleged that the petitioner snatched Rs.13,000/- from the informant.

Patna High Court CR. MISC. No.49837 of 2025(3) dt.15-10-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. It is further submitted that all the sections are bailable except Sections 379, 384 and 386 of the Indian Penal Code. Sections 384 and 386 of the Indian Penal Code are not made out against the petitioner. It is submitted that co-accused Santosh Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 13.09.2023, passed in Criminal Miscellaneous No.47175 of 2023. Nothing has been recovered from the conscious possession of the petitioner. Both sides are residents of the same locality. The occurrence took place on 22.06.2022 but the FIR was lodged on 24.06.2022 without giving any explanation. It is further submitted by learned counsel for the petitioner that the petitioner has no concern with the illegal act of the other accused persons. The petitioner is in custody since 06.06.2025.

5. The learned APP for the State vehemently opposed the bail application.

6. Considering the above facts and circumstances of the case, let petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs.10,000/- (Rs.Ten Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.49837 of 2025(3) dt.15-10-2025 3/3 the satisfaction of learned Sub-Judge-V-cum-A.C.J.M.-II, Samastipur in connection with Muffasil P.S. Case No.269 of 2022.

(S. B. Pd. Singh, J) Sanjay/- U T