Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1360 of 2024 Arising Out of PS. Case No.-696 Year-2023 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Pankaj Yadav Son of Upendra Yadav Resident of Village- Parora, Police Station- K. Nagar, District- Purnia ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Satish Paswan Son of Late Surendra Paswan Resident of Ward no. 12, Parora, Police Station- K. Nagar, District- Purnia ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rakesh Kumar Jha For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-06-2026

1. Heard learned counsel for the appellant and the learned Special Public Prosecutor for the State.

2. The learned counsel for the appellant submits that a jointness application has been filed wherein it has been specifically pleaded that wife resides with the respondent no.2, who had received the notice on his behalf, as such, the notice is deemed to be validly served.

3. The appellant has challenged the order dated 22.02.2024 passed by the learned Special Judge, SC/ST Act, Purnia in connection with ABP No.159 of 2023 arising out of K. Nagar P. S. Case No.696 of 2023, instituted for the offences under Sections 341, 323, 334, 379, 504 and 506/ 34 of the

Patna High Court CR. APP (SJ) No.1360 of 2024(7) dt.30-06-2026 2/3 Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, whereby his prayer for grant of anticipatory bail has been rejected.

4. The learned counsel appearing on behalf of the appellant submits that appellant is a person with clean antecedent and from perusal of the allegations as alleged in the FIR, it would manifest that allegations against the appellant is ornamental i.e. appellant is alleged to have snatched the chain of Chhotu Kumar. It is further submitted that allegation of abuse and assault as far as appellant is concerned, the same is general and omnibus in nature. It is further submitted that this perhaps explains why informant despite receiving notice chooses not to appear and contest.

5. The learned Special P. P. opposes the bail application.

6. Regard being had to the aforesaid submissions, the order dated 22.02.2024 is set-aside.

7.

The appeal stands allowed.

8.

The appellant, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his

Patna High Court CR. APP (SJ) No.1360 of 2024(7) dt.30-06-2026 3/3 furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Purnia in connection with ABP No.159 of 2023 arising out of K. Nagar P. S. Case No.696 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) vikash/- U T