Pintu Kumar @ Pankaj Kumar @ Pankaj Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12098 of 2025 Arising Out of PS. Case No.-215 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Pintu Kumar @ Pankaj Kumar @ Pankaj Paswan Son of Late Naval Kishor Paswan Resident of Mohalla- Jawahar Tola, P.S.- Ara Nawada, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey, Advocate For the Informant : Mr. Devendra Narayan, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-02-2025 Heard Mr. Awadhesh Kumar Pandey, learned counsel for the petitioner, Mr. Devendra Nayan, learned counsel for the Informant, and Mr. Jai Narain Thakur, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Ara Nawada P.S. Case No. 215 of 2024, F.I.R. dated 26.03.2024 registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused persons came to the house of the informant having lathi and danda and started assaulting to the informant and their family members due to which they sustained injuries.

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4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that although the petitioner is named in the F.I.R. but from perusal of the F.I.R. it appears that there is no specific allegation of any assault or over act attributed against the petitioner rather there is specific allegation against coaccused persons namely Prince Kumar and Ajay Kumar. He further submits that co-accused person namely Vishal Kumar and Others including Ajay Paswan @ Ajay Kumar have been granted the privilege of anticipatory bail by this Court vide order dated 21.08.2024 passed in Cr. Misc. No. 52107 of 2024.

5. Learned counsel for the Informant as well as learned APP for the State, on the other hand, have opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is named in the F.I.R. and apart from that with common intention the petitioner and other co-accused persons have assaulted to the informant and their family members.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and

3/4 there is no specific allegation against the petitioner as well as similarly situated co-accused persons have been granted the privilege of anticipatory bail by this Court, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 215 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other 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

4/4 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, 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//- U T