Pankaj Kumar Gupta @ Pampam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83170 of 2023 Arising Out of PS. Case No.-184 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== Pankaj Kumar Gupta @ Pampam Son Of Late Kulin Sah Resident Of Village - Raghunathpur, P.S. - Bhawanipur, District - Purnea ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 143, 147, 149, 188, 341, 323, 325, 333, 353, 307, 427, 379, 504 and 506 of the Indian Penal Code and Section 3⁄4 of the Bihar Medical Services Institution & Person Protection Act.
3. As per allegation in the FIR, a lady was brought for delivery in a Community Health Centre from where she was referred to GMCH, Purnea. The relatives moved the lady from that Community Health Centre but later on, brought her dead body to that Community Health Centre and thereafter, the petitioner and other co-accused named in the F.I.R. along with 70-80 unknown person assembled at that Community Health
Patna High Court CR. MISC. No.83170 of 2023(2) dt.02-01-2024 2/3 Centre and damaged the property and assaulted the informant doctor causing a number of injuries on his head and snatched gold chain and took away Rs. 2,500/- from his pocket.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. General and omnibus allegation has been levelled against all the F.I.R. named accused persons including petitioner. No specific role/overt act has been assigned against the petitioner. He has no concern/relation with deceased and her family members. Moreover, the injuries suffered by the informant is merely abrasion and haematoma and the same appears to be simple in nature. Similarly situated co-accused Rahul Kumar has already been enlarged on bail by another coordinate Bench of this Court vide order dated 8.11.2023 passed in Cr. Misc. No. 71065 of 2023 Petitioner is languishing in judicial custody since 24.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner
Patna High Court CR. MISC. No.83170 of 2023(2) dt.02-01-2024 3/3 on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Purnea/concern Court in connection with Bhawanipur P.S. Case No.184 of 2023.
(Sunil Kumar Panwar, J) lata/- U T