Pankaj Chaudhary@Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71329 of 2021 Arising Out of PS. Case No.-429 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== PANKAJ CHAUDHARY@PANKAJ KUMAR Son of Late Subhash Chaudhary Resident of Village - Mohan Aighu, P.S.- Muffasil, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirtyunjay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP For the Informant :

Mr. Rajesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-02-2022 Heard Mr. Mirtyunjay Kumar Mishra, learned counsel for the petitioner, Mr. Amit Kumar Rakesh, Additional Public Prosecutor for the State and Mr. Rajesh Kumar, learned counsel for the informant through video conferencing. Petitioner seeks regular bail in connection with Begusarai Mufassil PS Case No. 429/2020 registered for the offence punishable under Sections 324, 325, 307, 120 (B), 34 of of the IPC and Section 27 of the Arms Act.

The allegation as per First Information Report is that the petitioner along with other accused persons arrived at the door of informant and started firing due to which the son of the informant sustained fire-arm injury.

Patna High Court CR. MISC. No.71329 of 2021(2) dt.14-02-2022 2/3 Learned counsel for the petitioner submits that both the parties are relative and the present occurrence has taken place due to land dispute in relation to purchase of a piece of land by the side of the petitioner. Learned counsel further submits that the injury sustained by the son of the informant is found to be simple in nature which would be evident from the injury report annexed at Annexure-2 to this application. Learned counsel next submits that the petitioner is a Government servant working as a Sepoy in CRPF and he is in custody since 16.09.2021 and there is no likelihood that the petitioner will abscond or tamper with the evidences if he is granted bail. On the other hand, learned counsel appearing for informant submits that the informant is brother-in-law of the petitioner and they have entered into a compromise and arrived at an amicable settlement.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are closely related, there is land dispute between them, the injury caused to the victim is simple in nature, petitioner is a Government servant, he is in custody since 16.09.2021, the charge-sheet has been submitted and there is no likelihood that the petitioner will abscond or tamper with

Patna High Court CR. MISC. No.71329 of 2021(2) dt.14-02-2022 3/3 the evidences if he is granted bail, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, PANKAJ CHAUDHARY@PANKAJ KUMAR be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Mufassil PS Case No. 429/2020.

(Anil Kumar Sinha, J) perwez U T