Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2275 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== Pankaj Kumar Son Of Pukar Ram Resident Of Village- Parsauni, P.S.- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Motipur P.S. Case No. 223 of 2023, G.R. No. 2247 of 2023 registered for the offences punishable under Sections 341, 323, 302, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, when the son of the informant was returning to his home by cycle, then accused persons including the petitioner surrounded him and thereafter abused him and also assaulted with fist and slap and the accused Rajababu Ram assaulted the son of the informant with iron rod on his head and during the course of treatment the informant's son died in the hospital.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2275 of 2024(2) dt.29-01-2024 2/2 petitioner is innocent and has been falsely implicated in this case due to village politics. He further submits that there is general and omnibus allegation against the petitioner. He also submits that the specific allegation of the assault with the iron rod on the head of the deceased Raushan Kumar is upon the coaccused Rajababu Ram. He further submits that the petitioner has no criminal antecedent and he is in jail custody since 14.09.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IInd, West Muzaffarpur in connection with Motipur P.S. Case No. 223 of 2023, G.R. No. 2247 of 2023.

(Sunil Dutta Mishra, J) ashishkr/- U T