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Patna High CourtCR. MISC./54374/2025bail granted

Pankaj Kumar Singh @ Chochawa @ Pankaj Kumar @ Chochawa Singh @ Pankaj Kumar Singh @ Chocho v. The State Of Bihar

2025-09-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54374 of 2025 Arising Out of PS. Case No.-325 Year-2024 Thana- EKMA District- Saran ====================================================== Pankaj Kumar Singh @ Chochawa @ Pankaj Kumar @ Chochawa Singh @ Pankaj Kumar Singh @ Chocho S/O Manoj Singh R/O Village- Bagora, P.SDaurandha, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Ekma P.S. Case No. 325 of 2024, instituted for the offences punishable under Sections 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that on 10.09.2024, the informant was attacked by two miscreants on a motorcycle, one of whom fired at him but he narrowly escaped, and the attackers fled towards Manjhi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.54374 of 2025(3) dt.19-09-2025 2/3 present case. Charge-sheet has been submitted in this case as also charge has been framed against the petitioner on 23.12.2024. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of self-confession made before the police in Ekma P.S. Case No. 306 of 2019 and the same has got no evidentiary value. There is no any eye witness of the said occurrence. It is next submitted that except self-confession in another case, no cogent material has been found against the petitioner. The petitioner is in custody since 04.10.2024 and has got eight criminal antecedents. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 27.03.2025 passed in Cr. Misc. No. 90303 of 2024.

5. Learned APP 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 and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.54374 of 2025(3) dt.19-09-2025 3/3

7. Let the petitioner be released on bail 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 Ekma P.S. Case No. 325 of 2024, 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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.

(IV) The petitioner will not leave the territorial jurisdiction of the Court below without its prior permission for the same.

(Rudra Prakash Mishra, J) Rajorshi/- U T