Pankaj Kumar Pawan @ Pankaj Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22696 of 2025 Arising Out of PS. Case No.-92 Year-2023 Thana- BAUNSI District- Araria ====================================================== Pankaj Kumar Pawan @ Pankaj Paswan Son of Saryug Paswan R/O VillMahsaili, P.S.- Bousi, District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Naushaduzzoha, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-05-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.
2. The petitioner is apprehending arrest in connection with Bausi P.S. Case No. 92 of 2023, lodged on 13.05.2023, for the offence punishable under Sections 147, 148, 149, 341, 323, 379, 353, 332, 333, 307, 342, 506, 504 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against 20 named persons including the present petitioner alleging therein that the petitioner had created hindrance in performing official work of the police and also assaulted him. The informant is a police personnel.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence.
Patna High Court CR. MISC. No.22696 of 2025(2) dt.02-05-2025 2/3 Counsel submits that the police unnecessarily started torturing, it is due to this reason the local people started opposing them. Counsel further submits that it is excessive act of the police due to which the local people opposed. Counsel further submits that some of the co-accused persons have been granted anticipatory bail by Co-ordinate Bench of this Court (Annexure-3). Counsel further submits that the criminal antecedent of the petitioner is not clean as there are two cases pending against him in which in all the cases, he is on bail.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner is not the other person rather he is the family member of the person to whom the police had gone to search. Learned APP further submits that anticipatory bail has been granted to the persons who are not the family members of the person to whom the police had gone to search.
6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.
7. It is directed to the petitioner to surrender before the Trial Court within a period of six weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court
Patna High Court CR. MISC. No.22696 of 2025(2) dt.02-05-2025 3/3 shall pass order on its own merit on his surrender-cum-bail application, on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court.
(Dr. Anshuman, J) anand/- U T