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Patna High CourtCR. MISC./85626/2023allowed

Pankaj Kumar @ Pankaj Yadav v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85626 of 2023 Arising Out of PS. Case No.-620 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== Pankaj Kumar @ Pankaj Yadav S/O LATE NARESH YADAV VILLAGEMANJHALA SEM, PS. RAJAULI, DIST. NAWADA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner, and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 147, 148, 149, 341, 323, 307, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they assaulted informant and fired upon his brother due to which brother of the informant sustained firearm injury on his arm.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.85626 of 2023(2) dt.15-01-2024 2/2 present case due to dirty village politics and previous land dispute. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. As per Annexure-4, injury sustained by the injured is simple in nature which is also not on vital part of body. It is further submitted that the petitioner is languishing in judicial custody since 11.10.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajauli P.S. Case No. 620 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Nawada.

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