Patna High Court - Orders
Pankaj Kumar Singh @ Pankaj Kumar vs The State Of Bihar on 9 May, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23227 of 2025
Arising Out of PS. Case No.-52 Year-2024 Thana- NATIONAL
HIGHWAY District- Samastipur
Pankaj Kumar Singh @ Pankaj Kumar Son of Late Makteshwar
Prasad Singh R/V -Hasanpur Kainju, PS- N.H. Bangara Distt.-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
=================================================
Appearance :
For the Petitioner/s : Mr. Ansul, Sr. Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR
VERMA
ORAL ORDER
3 09-05-2025Heard Mr. Ansul, learned Senior counsel for the petitioner and Mr. Syed Ehteshamuddin, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 18.02.2025, in connection with N.H. Bangra P.S. Case No. 52 of 2024, F.I.R. dated 15.04.2024 registered for the offences punishable under Sections 341, 323, 504, 506, 307, 354, 379 and 34 of the Indian Penal Code.
3. According to prosecution case, all the accused persons including this petitioner have assaulted the informant by means of lathi and rod and also wrap gamcha around his neck in Patna High Court CR. MISC. No.23227 of 2025(3) dt.09-05-2025 2/3 order to kill him.
4. Learned Senior counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. Although, there is specific allegation against the petitioner but it appears from the F.I.R. that due to admitted land dispute the present occurrence had taken place. Although there is specific allegation against the petitioner that he assaulted to the informant and his wife and the informant is brother of the petitioner and due to admitted land dispute, the present occurrence had taken place. Although there is specific allegation but there was no intention to assault the informant and his wife and due to spur of moment the present occurrence had taken place and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 18.02.2025.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and due to admitted land dispute the present occurrence had taken place, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Patna High Court CR. MISC. No.23227 of 2025(3) dt.09-05-2025 3/3 Magistrate 1st Class, Samastipur in connection with N.H. Bangra P.S. Case No. 52 of 2024, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//-
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