Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69066 of 2022 Arising Out of PS. Case No.-879 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Pankaj Singh S/O Mohan Singh @ Radheshyam Singh R/O Babu Bazar, P.SAra Nawada, District- Ara (Bhojpur) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code, Section 27 of Arms Act and Section 30(a) of Bihar Prohibition & Excise Act.

The allegation against the petitioner and coaccused persons is that they murdered the brother of the informant by shot fire.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.69066 of 2022(3) dt.07-02-2023 2/3 falsely been implicated in the present case only on the basis of suspicion and last seen. There is no eye witness and petitioner has no concern with the alleged occurrence. Nothing incriminating has been recovered from the possession of the petitioner and there is no any specific overt act of allegation and consistent material evidence against him. Moreover, petitioner has surrendered before the learned Lower Court on 14.10.2022 and since then he is languishing in judicial custody.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ara Town P.S. Case No. 879 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.69066 of 2022(3) dt.07-02-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Bhojpur, Ara.

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