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Patna High CourtCR. MISC./36066/2024allowed

Pankaj Kumar Das @ Pankaj Das v. The State Of Bihar

2024-07-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36066 of 2024 Arising Out of PS. Case No.-160 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== PANKAJ KUMAR DAS @ PANKAJ DAS SON OF RAMDIN DAS @ RAMDHIN DAS RESIDENT OF VILLAGE - MANJHAUL WARD NO.1, P.S. - MANJHAUL, DISTRICT - BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Kumar, Adv.

For the Opposite Party/s :

Ms. Madhuri Lata, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 447, 308, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have abused and assaulted the informant by means of deadly weapons due to which he sustained injuries.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.36066 of 2024(2) dt.26-07-2024 2/2 motive. The allegation levelled against the petitioner is totally false and based on concocted facts. The petitioner was granted the benefit of Section 41A Cr.P.C. It is further submitted that the similarly situated co-accused, namely, Krishna Das @ Pappu Das has been enlarged on bail by this court vide order dated 20.12.2023 passed in Cr. Misc. No. 81221 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Cheriya Bariyarpur P.S. Case No. 160 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T