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Patna High CourtCR. MISC./73213/2024allowed

Pankaj Kumar v. The State Of Bihar

2024-12-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73213 of 2024 Arising Out of PS. Case No.-284 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Pankaj Kumar Son of Shyambabu Rai @ Shyam Babu Prasad Yadav, R/O Village- Benipur, P.S.-Kesariya, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Kesariya P.S. Case No.284 of 2023, registered for the offences punishable under Sections 341, 323, 307, 379, 385, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, accused persons including the petitioner armed with various weapons surrounded and started abusing and assaulting the informant. Allegation against the petitioner is that he had assaulted the father of informant on his head with rod due to which he received injury and fell on the land. It is further alleged that all the accused persons have snatched two motorcycle, mobile phone and cash of Rs.12,000/- from the informant and his friend.

Patna High Court CR. MISC. No.73213 of 2024(3) dt.18-12-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the injury on the injured is simple in nature caused by hard and blunt substance. Learned counsel submits that there is case and counter case between the parties for the said dispute. He further submits that antecedent of petitioner is clean, he is in custody since 04.08.2024 and the charge sheet has already been submitted in this case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kesariya P.S. Case No.284 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T