Pankaj Kumar Jha @ Pankaj Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16376 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Pankaj Kumar Jha @ Pankaj Jha S/O Late chandra Mohan Jha Resident of village - Hanti Akbarpur Bank, P.S- Biraul, Distt.- Darbhnaga ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashish Kumar Sinha For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending her arrest in connection with Biraul P.S. Case No. 130 of 2024 dated 27.03.2024 registered for the offences punishable under Sections 147, 148, 149, 120B, 186, 188, 341, 342, 323, 324, 325, 332, 333, 353, 307,337, 354B, 504 and 506 of the I.P.C.
3. As per the prosecution case, the informant got an information that a motorcycle was coming rashly and negligently from K. Asthan side and dashed with Tempo. At the same time, a prisoner's van was coming from the opposite side due to which, one person came under the said van and died on the spot. The co-accused Shashi Kant Jha and Dharmendra
Patna High Court CR. MISC. No.16376 of 2025(2) dt.04-07-2025 2/3 Singh @ Munna Singh are alleged to have instigated the 100200 persons to enter the police station premises with intent to commit incident and about 50 people entered the police station premises and threw the chairs and government documents outside the police station and some people were holding inflammable substance in their hands and sound was come from the crowd to burn the police station. The petitioner and the coaccused persons were identified through the video footage with the help of Mahal Chaukidar. The petitioner is alleged to have abused, attacked on the police party and also assaulted them with lathi and danda causing hindrance in discharging duties of public servant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that there is no specific allegation of overt act against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner was only a member of mob. No incriminating article has been recovered from her possession. The other co-accused person has already been granted anticipatory bail by this court vide order dated 20.09.2024 passed in Cr. Misc. No. 52325/2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail
Patna High Court CR. MISC. No.16376 of 2025(2) dt.04-07-2025 3/3 application.
5.Learned A.P.P. for the State has opposed the prayer for anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of her arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.I Biraul at Darbhanga, in connection with Biraul P.S. Case No. 130 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T