Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80539 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== PANKAJ KUMAR Son of Ravindra Mahto Resident of Village- Bishunpur, P.S- Giriyak, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-12-2019 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Giriyak P.S. Case No. 173 of 2019 dated 15.05.2019 instituted for the offences under Sections 147, 148, 149, 188, 323, 324, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
With respect to a dispute which erupted while watering the maze field, an occurrence is said to have taken place where the petitioner is said to have opened fire.
Learned counsel for the petitioner has submitted that there is no firearm injury and one of the victims of the occurrence viz. Anuj Kumar is reported to
Patna High Court CR. MISC. No.80539 of 2019(2) dt.16-12-2019 2/2 have received simple injuries. None of the offences alleged against the petitioner and others can at all be said to have been made out. It has also been submitted that some of the accused persons viz. Kedar Mahto and others have been granted anticipatory bail by the court below.
Considering the aforestated facts and taking into account the clean antecedent of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Nalanda at Bihar Sharif in connection with Giriyak P.S. Case No. 173 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T