Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66419 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Pankaj Kumar Son of Hira Lal Tanti @ Hira Lal Resident of Sakri Gali, Gur Ki Mandir, Police Station- Alamganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Krishna Jha, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-09-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with S.Tr. No. 784/2024 arising out of Alamganj P.S. Case No. 307/2023 for the offence punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code lodged on 10.04.2023 by the informant, Ankur Sinha.
3. As per the prosecution story, the informant alleged that when he had gone to purchase bread, the accused persons alongwith unknown persons surrounded him and thereafter this petitioner and Vicky Kumar took out pistol. Though the victim tried to escape, they opened fire injuring his left leg. As the public started assembling, they left the place after opening fire in the air. Accordingly, the FIR.
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4. Learned counsel for the petitioner submits that immediately after the rejection of his anticipatory bail application in Cr. Misc. No. 4651 of 2024, he came into judicial custody on 04.03.2024 (para-6 of the petition). It is his further submission that the petitioner do not have criminal antecedent and the last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs. 10,000/- to the informant through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of the concerned Court to be handed over to the informant after checking the credential.
5. Learned APP opposes the prayer submitting that the allegation against him is of opening fire causing injury on the leg of the informant.
6. Though allegation is there, the petitioner do not have criminal antecedent, has remained in custody since 04.03.2024 (para-6 of the petition), FIR lodged, he will be facing the trial, this Court is inclined to extend him the privilege of bail subject to payment of Rs. 10,000/- to the informant as undertaken by the learned counsel for the petitioner(s) to be paid by Demand Draft of local SBI to be
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7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-IVth, Patna City, in connection with S.Tr. No. 784/2024 arising out of Alamganj P.S. Case No. 307/2023 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T