Pankaj Singh @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 15174 of 2020 Arising out of Case No. 451 year 2019 P.S. Baliya, Distt. Begusarai ====================================================== Pankaj Singh @ Pankaj Kumar, male, aged about 41 years, son of Kishore Singh, Resident of Village Rahatpur, P.S. Baliya, Dsitt- Begusarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mrs. Soni Srivastava, Adv.
For the Opposite Party/s :
Dr. Ajeet Kumar APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-092020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Ballia P.S. Case No. 451 of 2019 registered under sections 364, 120B and 34 of the Indian Penal Code to which sections 302 and 201 of the IPC were added subsequently.
As per allegation in the FIR, it is stated by the informant that on being called on telephone, Roushan Kumar accompanied his friend Md. Mashuque and stated that he was going to the house of his friend Dilkhush Kumar. It is stated that Md. Mashuque remained on the road while the informant's son went to meet Dilkhush Kumar in his house. On the informant's son not returning, Md. Mashuque gave information to the
Patna High Court CR. MISC. No.15174 of 2020(3) dt.09-09-2020 2/3 informant and her family, on which a search started but he was not to be found and his mobile was discovered to be switched off. It is stated by the informant that she has suspicion that Dilkhush Kumar and Pankaj Singh have a hand in disappearance of her son. It is submitted by learned counsel for the petitioner that even from reading of the FIR, it would transpire that the son of the informant had accompanied Md. Mashuque to the house of Dilkhush Kumar, from where it is stated that he disappeared. So far as the petitioner is concerned, he does not figure any where in the FIR except in the concluding portion of the FIR where only a suspicion has been raised against the petitioner also being involved in disappearance of informant's son. It is submitted that even in course of investigation no material has transpired to connect the petitioner with the offence in question. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties, on going through the material that has transpired in course of investigation and on considering the submissions made on behalf of the petitioner, the Court is inclined to enlarge the petitioner on anticiptory bail. The petitioner is directed to surrender in the court below within a period of eight weeks from today and in the event
Patna High Court CR. MISC. No.15174 of 2020(3) dt.09-09-2020 3/3 of his arrest or surrender in connection with Ballia P.S. Case No. 451 of 2019, he shall be enlarged on bail on furnishing bail bond of Rs.10,000/ (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Sushma/- U T