Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46369 of 2016 Arising Out of PS.Case No. -266 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Pankaj Kumar Son of Vinod Gupta, Resident of Village- Chaksalem, Police Station- Patori, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Yadav Mr. Kundan Kumar Mr. Ranjeet Kumar For the State Mr. Nirmal Kumar Sinha, APP ==================================================== = CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-11-2016 Heard the counsel for the petitioner and Mr. Nirmal Kumar Sinha, APP for the State.

The petitioner prays for grant of bail in Patori P.S. Case No. 266 of 2016 registered under section 307 IPC. On perusal of the FIR, it appears that owing to the land dispute a Marpit had taken place in which the allegation is of inflicting injury on the head of the husband of the informant. Learned counsel for the petitioner submits that Annexure2 is the counter version wherein the mother of the petitioner was also injured at the hands of the present prosecution side. Actually, the dispute had aggravated since last several months for which several requests were also made through the Commanding Officer

Patna High Court Cr.Misc. No.46369 of 2016 (3) dt.15-11-2016 2/2 of the petitioner to the State Administration to provide police protection. The injury sustained by the informant does not appear to be grievous in nature as it was only 1⁄2 inch deep. The petitioner was arrested on the date of occurrence and was later released on provisional bail which was ultimately cancelled and he was put behind bars. It is further submitted that the petitioner is serving in Indian Navy and has no criminal antecedents.

Considering the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of CJM, Samastipur in Patori P.S. Case No. 266 of 2016 on condition that one of the bailors shall be his own/close family members. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case he skips his appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T