Pankaj Kumar Yadav @ Pawan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1390 of 2024 Arising Out of PS. Case No.-128 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== Pankaj Kumar Yadav @ Pawan Yadav S/o Durgesh Yadav R/o VillageAmarpur, PS-Kutumba, District-Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate Mr. Saket Kumar Singh, Advocate Ms. Meena Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024
1. Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kutumba P.S Case no.128 of 2023 registered under sections 307, 379, 341, 323, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the seven named accused persons including the petitioner herein are said to have come variously armed and assaulted the uncle of the informant with sharp cutting weapon as a result of which he fell down unconscious. Thinking him to have died, the accused went away.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.1390 of 2024(2) dt.24-01-2024 2/3 petitioner has been falsely implicated in the case. Besides the allegations being general and omnibus in nature, the injury report does not support the prosecution case in so far as although the injuries have been found to be grievous in nature but the same have been found to be caused by hard and blunt object whereas as per the allegations in the F.I.R, the accused were carrying sharp cutting weapon. The co-accused Kundan Kumar, Dinesh Yadav, Anil Kumar and Nitesh Kumar have been enlarged on anticipatory bail vide order dated 12.12.2023 passed in Cr. Misc. no. 56852 of 2023. The petitioner is in custody since 19.10.2023 and charge-sheet has been submitted in the case.
5. The prayer for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations in the FIR, the petitioner being in custody since 19.10.2023, charge-sheet having been submitted in the case and grant of anticipatory bail to the four other co-accused, the petitioner is directed to be enlarged on bail in connection with Kutumba P.S Case no.128 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.1390 of 2024(2) dt.24-01-2024 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Aurangabad.
(Partha Sarthy, J) Shiv/- U T