Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12865 of 2023 Arising Out of PS. Case No.-400 Year-2020 Thana- SUPAUL District- Supaul ====================================================== 1.

Pankaj Kumar Son Of Lalit Yadav R/O Village- Sonak, Malhani W. No.7, P.S. And District- Supaul 2.

Raman Kumar Son Of Lalit Yadav R/O Village- Sonak, Malhani W. No.7, P.S. And District- Supaul 3.

Roshan Kumar Son Of Raj Kumar Yadav R/O Village- Sonak, Malhani W. No.7, P.S. And District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 354, 504 and 34 of the Indian Penal Code. As per the allegation, nine accused persons including the petitioners, variously armed with lathi, danda, rod, dabiya etc, came to the house of the informant, assaulted the informant and his son.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and

Patna High Court CR. MISC. No.12865 of 2023(2) dt.11-05-2023 2/2 omnibus in nature. He submits that petitioners and the informant are close agnates and there is ancestral land dispute between both the parties. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 20.06.2022 passed in Cr. Misc. No. 8338 of 2021. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Supaul P.S. Case No.400 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T