Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30211 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== 1.
Pankaj Singh Son Of Brij Balav Singh Resident Of Village- Rampur, P.S.- Chandi, District- Bhojpur 2.
Adrash Kumar @ Adarsh Kumar @ Ardash Kumar Son Of Pankaj Singh Resident Of Village- Rampur, P.S.- Chandi, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 34, 120(b) of the Indian Penal Code and 27 of the Arms Act.
3. Allegation against the petitioners is that they along with other co-accused assaulted the informant by means of fire arm.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no
Patna High Court CR. MISC. No.30211 of 2023(2) dt.14-07-2023 2/2 specific overt act against the petitioners. The specific allegation of firing is against co-accused Ankit Kumar. He submits that the occurrence took place due to land dispute. Petitioners have three criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chandi P.S. Case No.298 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T