Pankaj Singh @ Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71726 of 2024 Arising Out of PS. Case No.-47 Year-2023 Thana- SISWAN District- Siwan ====================================================== Pankaj Singh @ Pankaj Kumar Singh S/o- Shaligram Singh @ Shalikgram Singh Village- Kachnar Ps- Siswan Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha, Adv.
For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Siswan P.S. Case No. 47 of 2023 (S.Tr. No. 421 of 2023) registered for the offences punishable under Sections 302, 34, 120(B) of the Indian Penal Code.
3. As per prosecution case, the petitioner and others are said to have assaulted indiscriminately the informant's son by means of knife. It is alleged that co-accused Rahul Singh, Ashirwad Singh and the petitioner cut the throat of the informant's son by means of knife.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.71726 of 2024(3) dt.22-11-2024 2/3 on 07.02.204 the bail of the present petitioner has already been rejected by this Court vide Cr. Misc. No. 61452 of 2023. He further submits that petitioner has filed the present bail petition after nine months from the date of rejection of his previous bail prayer. He further submits that petitioner bears criminal antecedent of only one case in which he is on bail. He further submits that delay of trial is not in any way attributable to the present petitioner as he is in custody since 18.03.2023.
5. Learned Addl. P.P. appearing for the State opposes the prayer for bail of the petitioner and submits that earlier payer for bail of the petitioner was rejected on merit. He further submits that there is direct allegation against the petitioner that he alongwith others stabbed indiscriminately on the informant's son and the post mortem report also supports that the death is caused by stabbed wounds.
6. By order dated 04.10.2024 a report was called for from the trial court regarding the stage of trial. The report is received and is kept at Flag-A. Perusal of the report indicates that out of eleven prosecution witnesses, five witnesses have already been examined.
6. Considering the facts and circumstances of the case, particularly keeping in view that earlier bail prayer of the
Patna High Court CR. MISC. No.71726 of 2024(3) dt.22-11-2024 3/3 petitioner has been rejected on merit, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.
(Alok Kumar Pandey, J) mcverma/- U T