Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20572 of 2024 Arising Out of PS. Case No.-675 Year-2023 Thana- DHANARUA District- Patna ====================================================== Pankaj Kumar Son of Krishna Yadav Resident of Village- Redbigha, P.S.- Dhanarua and District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the prosecution case, it is alleged that when informant was on duty on October 25, 2023, at Hilsa on the occasion of Durga Puja, the informant and his driver, namely Sachin Kumar were forcibly threatened by co-accused persons namely Gajendra Yadav, Rahul Kumar, Sonu Kumar , Pankaj Kumar ( petitioner ) and five unknown persons. Informant was forcibly made to seat in vehicle and all five also boarded in his Scorpio vehicle bearing No. BR-01FS-1337 and
Patna High Court CR. MISC. No.20572 of 2024(2) dt.02-04-2024 2/3 told the driver of the informant to move according to them and the informant along with the accused person reached Pamera High school Dhanrua District- Patna at about 04:00 PM and there the accused persons started abusing the driver of the informant and when the informant opposed, co-accused Gajandra Yadav fired in the left leg of the informant causing fire arm injury to him & further driver of the informant was also assaulted by the accused persons.
4. It is submitted on behalf of the petitioners that specific accusation of causing fire arm injury is against coaccused Gajendra Yadav. So far as, this petitioner is concerned, allegation of abuse is general and omnibus and no specific allegation of any overt act is against him. Similarly situated coaccused persons have already granted bail by this Court vide order dated 02.04.2024 in Cr. Misc. No. 19500 and 13613 of 2024 .
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each
Patna High Court CR. MISC. No.20572 of 2024(2) dt.02-04-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class in connection with Dhanarua P.S. Case No. 675 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T