Pankaj Mathur @ Pankaj Kumar Mathur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3173 of 2020 Arising Out of PS. Case No.-29 Year-2018 Thana- TANKUPPA District- Gaya ====================================================== Pankaj Mathur @ Pankaj Kumar Mathur Son of Late Sidheshwar Pd. Mathur @ Sidheshwar Mathur Resident of Village - Chowar, P.S.- Tankuppa, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-02-2020 Earlier, the prayer for bail of the petitioner has been rejected by coordinate bench of this Court vide order dated 07.03.2019 passed in Cr.Misc. No. 77082 of 2018. Petitioner seeks regular bail in connection with Tankuppa P.S. Case No. 29 of 2018, corresponding to Sessions Trial No. 441 of 2019/43 of 2019, registered for the offence punishable under Sections 147, 148, 149, 302 and 307 of the Indian Penal Code.

Allegation against the petitioner as per F.I.R. is of assault with sword on neck of the nephew of the informant aged about 7 years causing grievous injury.

Submission of the learned counsel for the petitioner is that he is languishing in jail custody for more than 15 months

Patna High Court CR. MISC. No.3173 of 2020(3) dt.24-02-2020 2/2 and till date despite framing of charge, no progress was made in the trial and no prosecution witness has been examined. However, learned A.P.P. vehemently opposed the prayer for bail on the ground that there is specific allegation of assault against the petitioner, causing grievous injury to the nephew of the informant.

Considering the submissions made above and the period of custody, let the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned 3rd Additional Sessions Judge, Gaya in connection with Tankuppa P.S. Case No. 29 of 2018 corresponding to Sessions Trial No. 441 of 2019/43 of 2019, subject to the condition that he has to extend full cooperation in speedy disposal of the Trial and shall present before the court below as and when required, otherwise his bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) uma/- U T