Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75971 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- AGION (GARHANI) District- Bhojpur ====================================================== Pankaj Kumar Son Of Budhan Singh R/O Village- Dumaria, P.S.- Agiaon, (GARAHANI), Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Agiaon (Garhani) P.S. Case No. 37 of 2023 dated 07.03.2023 registered for the offences punishable under Sections 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, one person with pistol along with his two-three friends came at the musical performance of the informant. When people protested, the

Patna High Court CR. MISC. No.75971 of 2023(2) dt.18-12-2023 2/3 accused fired 2-3 rounds, in which one hit on the left thigh and another on the right ankle. Further, the villagers disclosed the name of the petitioner who is accused of firing at the informant.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. Learned counsel has further submitted that the petitioner was not apprehended on the spot and no incriminating article has been recovered from the possession of the petitioner. It is further submitted that the injury is on nonvital part of the body.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Arrah in connection with Agiaon (Garhani) P.S. Case No. 37 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.75971 of 2023(2) dt.18-12-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T