Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18205 of 2025 Arising Out of PS. Case No.-1025 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Pankaj Kumar Son of Late Lal Babu Ray Resident of Village- Sanithy, P.S. - Ahiyapur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 1025 of 2024 instituted for the offences under Sections 137(2), 140(1), 3(5) of the BNS and subsequently Section 103(1) of the BNS was also added.

3. Accusation against the accused persons including the petitioner is of commission of murder of the brother of the informant after kidnapping him.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No

Patna High Court CR. MISC. No.18205 of 2025(2) dt.19-03-2025 2/2 specific overt act is alleged against the petitioner. There is case and counter case between the parties. It has been submitted on behalf of the petitioner that the petitioner has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, in my view, this is not a fit case for anticipatory bail, and hence, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

8. However, if the petitioner surrenders before the learned court below and prays for regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Alok Verma/- U T