Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70322 of 2023 Arising Out of PS. Case No.-61 Year-2020 Thana- GAURICHAK District- Patna ====================================================== Pankaj Kumar S/O Late Krishna Prasad @ Krishna Singh Mohalla- Bibipur, Ps. Gaurichak, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the brother of the informant by all the accused persons including the petitioner by gunshot firing.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and

Patna High Court CR. MISC. No.70322 of 2023(2) dt.31-10-2023 2/3 omnibus allegation against the petitioner. The petitioner has still not been put on T.I.P. The C.C.T.V footage also suggests that petitioner was not involved in the commission of the alleged occurrence. During investigation also, no consistent material evidence was collected against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 21.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused persons have already been granted bail by the Court below itself. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.70322 of 2023(2) dt.31-10-2023 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna in connection with Gaurichak P.S. Case No. 61 of 2020.

(Sunil Kumar Panwar, J) Shageer/- U T