Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31910 of 2024 Arising Out of PS. Case No.-410 Year-2023 Thana- DESARI District- Vaishali ====================================================== Pankaj Kumar, Son Of Birendra Singh, Resident Of Village- Jafrabad, P. S.- Desari, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Desari P.S. Case No. 410 of 2023 registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, when the informant was returning to his village along with his father and brother from a marriage ceremony in the night, all the FIR named accused persons including the petitioner assaulted the informant and his family members and snatched the golden chain and cash of about Rs. 10,000/- from the informant and his elder brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent has falsely been implicated in this case. There is no specific allegation against the petitioner as there is

Patna High Court CR. MISC. No.31910 of 2024(2) dt.22-05-2024 2/2 general and omnibus allegation against the petitioner. The informant and his brother sustained injuries are simple in nature. He further submits that the alleged incident took place on 27.11.2023 and the fardbeyan was recorded on 29.11.2023 whereas FIR was lodged on 05.12.2023 without any plausible explanation of delay. Petitioner has no criminal antecedent. He undertakes to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Desari P.S. Case No. 410 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T