Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21957 of 2024 Arising Out of PS. Case No.-17 Year-2021 Thana- MAIN P.S. District- Gaya ====================================================== Pankaj Kumar S/o Sanjeet Yadav R/o vill - Pai Bigha Dih, P.s. - Main,Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Main P.S. Case No.17 of 2021, registered for the offence punishable u/s 147, 148, 149, 323, 324, 341, 379, 386, 307, 504, 506 of the IPC and 27 of the Arms Act.

3.

Allegation against the petitioner is to snatch the gold chain from the possession of the informant's father. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. Petitioner has no criminal antecedent and one of the co-accused has been granted anticipatory bail by this Court in Cr. Misc. No.8851 of 2022 dated 02.08.2022 and he fairly

Patna High Court CR. MISC. No.21957 of 2024(2) dt.20-03-2024 2/2 submitted that the anticipatory bail of one of the co-accused was dismissed by this Court in Cr. Misc. No.27485 of 2022 dated 06.09.2022.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is difference in both the cases, as in Cr. Misc. No.8851/2022, there was no specific overt act against the petitioner but in the present case, there is specific allegation against the petitioner to snatch gold chain from the informant's father.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law, considering that the petitioner has no criminal antecedent. (Anjani Kumar Sharan, J) pallavi/- U T