Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19920 of 2022 Arising Out of PS. Case No.-858 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Pankaj Kumar S/O- Raj Kishore Sah R/O - Village - Bakhara, P.S.- Saraiya, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

Allegedly, it is a case of assault upon the father of the informant on the petty issue, due to which, he succumbed to the injuries.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that according to the prosecution case, specific allegation to push out the deceased Baidnath Sah is against coaccused Raj Kishore Sah and not against this petitioner. He further submits that the wife of the deceased, namely,

Patna High Court CR. MISC. No.19920 of 2022(4) dt.14-11-2022 2/2 Dhaneshwari Devi stated that the cause of death of his husband is due to felling down from the stairs as stated in para-3 of the supplementary affidavit and nobody had pushed him. Petitioner has clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur in connection with Saraiya P.S. Case No. 858 of 2019 (G.R. No. 4221 of 2019), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T