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Patna High CourtCR. MISC./7326/2019disposed

Pankaj Singh @ Pankaj Kumar And ORS v. The State Of Bihar

2019-04-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7326 of 2019 Arising Out of PS. Case No.-168 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== 1.

PANKAJ SINGH @ PANKAJ KUMAR, Son of Bipin Singh, Resident of Village-Madhurapur, P.S.- Teghra,District - Begusarai 2.

Subodh Kumar @ Subodh Singh @ Subodh Kumar Singh, Son of Bipin Singh Resident of Village-Madhurapur, P.S.-Teghra, District- Begusarai 3.

Rajesh Kumar, Son of Subhash Sharma Resident of Mohalla Kathalbari (Near Singhi Gududwara), P.S. L.N.M.U., District -Darbhanga 4.

Bijay Shankar Choudhary @ Bhola Choudhary, Son of Late Sitaram Choudhary Resident of Mohalla - Wheelerganj, P.S.- Laheriasarai, DistrictDarbhanga ... ... Petitioners

Versus

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

For the Petitioner/s :

Ms.Babita Kumari For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Town P.S. Case No. 168 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 325, 504, 506, 307, 427, 379, 448 of the Indian Penal Code. Allegation against the petitioners is of breaking the lock of the shop of the informant and taking him away by Scorpio vehicle and throwing him from the vehicle, due to which his leg was fractured.

Submission of learned counsel for the petitioners is that no specific allegation has been attributed against any of the petitioners and a title suit is pending between the parties with respect

Patna High Court CR. MISC. No.7326 of 2019(4) dt.04-04-2019 2/2 to the property and there is case and counter case between the parties. Further submission is that co-accused persons have been granted priviilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 15.1.2019 passed in Cr.Misc.No. 70566 of 2018. Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail stating that process under Sections 82 and 83 Cr.P.C. has already been issued. Having heard both sides and in the facts and circumstances and considering the fact that process under Sections 82 and 83 Cr.P.C. has already been issued, this application is disposed of with a direction to the petitioners to surrender and make prayer for regular bail, which shall be considered on the basis of the submissions made above and, if possible, to be disposed of on the same day.

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