Patna High CourtCR. MISC./71891/2023allowed

Pankaj Kumar @ Pankaj Yadav v. The State Of Bihar

2023-11-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71891 of 2023 Arising Out of PS. Case No.-126 Year-2021 Thana- SIRDALA District- Nawada ====================================================== PANKAJ KUMAR @ PANKAJ YADAV Son of Rajendra Prasad R/o vill - Mandal, P.S. - Sirdalla, Distt. - Nawada, (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-11-2023 This is the second attempt of the petitioner for grant of regular bail as earlier the bail application of the petitioner has been rejected vide order dated 23.05.2023 passed in Cr. Misc. No. 25036 of 2023.

2. Heard the learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Sirdalla P.S. Case No. 126 of 2021 registered for the offence under Sections 147, 149, 323, 307, 302, 504 and 506 of the Indian Penal Code.

4. As per the prosecution case, the petitioner along with other co-accused have assaulted the deceased.

5. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case and there is general and omnibus allegation against all the

Patna High Court CR. MISC. No.71891 of 2023(2) dt.24-11-2023 2/2 accused persons.

6. It has further been submitted by the learned counsel for the petitioner that other co-accused namely Babhana Kumar @ Ankit Kumar has already been granted bail by this Court vide order dated 12.09.2022 passed in Cr. Misc. No. 8327 of 2022.

7. Learned counsel for the petitioner also submits that the petitioner is in custody since 19.01.2023 .

8. Learned A.P.P. has vehemently opposed the prayer for bail.

9. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

10. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, III, Nawada in connection with Sirdalla P.S. Case No. 126 of 2021.

11. As a condition of this order, after being released on bail the petitioner is directed to co-operate in the trial. (Sandeep Kumar, J) Vikas/- U