Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13348 of 2020 Arising Out of PS. Case No.-219 Year-2018 Thana- BARAULI District- Gopalganj ====================================================== 1.
Pankaj Singh, aged about 26 years, Gender-Male, S/o Jagarnath Singh, Resident of Village- Bada Barhea, P.S.- Barauli, Distt- Gopalganj. 2.
Piyush Kumar Singh, aged about 25 years, Gender-Male, S/o - Daresh Singh, Resident of Village- Bada Barhea, P.S.- Barauli, Distt- Gopalganj. 3.
Rupesh Kumar Tiwari @ Rupesh Tiwari, aged about 24 years, Gender-Male, S/o Shankar Tiwary Resident of Village- Bada Barhea, P.S.- Barauli, DisttGopalganj. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Surendra Prasad Gupta, Advocate.
For the Opposite Party :
Mr.Shantanu Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 353, 332, 333, 427, 504 and 506 of the IPC. The prosecution story, in brief, is that on 27.09.2018 when a person who was the Truck driver has been murdered, all
Patna High Court CR. MISC. No.13348 of 2020(2) dt.24-06-2020 2/3 accused persons including the petitioners have blocked NH-28 for six hours and they were torching on the road and they have deterred the public servant to remove the congestion and they have also thrown brick chips on the police officer with intention to kill them.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.
On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned C.J.M., Gopalganj, in connection with Barauli P.S. Case No. 219 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.13348 of 2020(2) dt.24-06-2020 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) U.K./- U T