Pankaj Singh @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.576 of 2025 Arising Out of PS. Case No.-346 Year-2024 Thana- CHAPRA TOWN District- Saran ====================================================== Pankaj Singh @ Pankaj Kumar Son of Vishwanath Singh Resident of VillageBara Telpa (New Basti), P.S. and Town and District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Surendra Prasad Singh, Advocate For the State :
Mr. Ashok Kumar Singh, APP For the Informant :
Mr. Brij Kishor Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 307, 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, informant alleged that on 20.05.2024 during Lok Sabha Election at Booth No. 318 and 319, the R.J.D. candidate came with some miscreants came and abused and misbehaved with her and also attacked her for which Chapra P.S. Case No. 342 of 2024 was instituted. It is next alleged that on account of the said occurrence dated 20.05.2024,
Patna High Court CR. MISC. No.576 of 2025(3) dt.18-04-2025 2/3 12 named accused persons, including the petitioner, on 21.05.2024, along with 40-50 unknown accused persons, came variously armed and intercepted his son Chandan Ram at 07:00 a.m. at Bhikhari Chauk. Further, on orders of Chandan Singh, Manoj Kumar Singh and Mintu Singh, accused Ramakant Singh shot the son of the informant on his chest, thereafter co-accused Saurabh Singh shot Guddu Kumar causing injury on his waist while Ram Pratap Singh shot Manoj Ram causing injury on his temple and Satya Nand Singh shot Deepak causing injury on his right rib. It is next alleged that on alarm, the informant along with others came at the place of occurrence when the accused persons fled away and the injured were taken to the hospital where the Doctor declared Chandan Rai dead.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Co-accused Ramakant Solanki @ Ramakant Singh, who is alleged to have fired causing fire arm injury to Chandan Rai who later succumbed to the injuries, has already been granted bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 10.01.2025 passed in Cr. Misc. No. 76397 of 2024. There are general and omnibus allegations against this petitioner and there is no specific accusation of overt act or firing against this
Patna High Court CR. MISC. No.576 of 2025(3) dt.18-04-2025 3/3 petitioner. This petitioner is only alleged to be present at the place of occurrence armed with riffle in his hand. Charge-sheet has already been submitted that the petitioner is in custody since 29.07.2024. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, rival submissions, general and omnibus nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned Additional Sessions Judge, X, Saran (Chhapra) in connection with Sessions Trial No. 788 of 2024 arising out of Saran Town P.S. Case No. 346 of 2024. (Prabhat Kumar Singh, J) shashank/- U T