Pankaj Kumar @ Pankaj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33585 of 2025 Arising Out of PS. Case No.-401 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Pankaj Kumar @ Pankaj Sharma S/o Paras Sharma R/o Kingri Khagaria, P.S.- Beldaur, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-05-2025 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Anand Kishore Choudhary, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Beldaur P.S. Case No. 401 of 2024, F.I.R. dated 19.11.2024 registered for the offences punishable under Sections 126(2), 127(2), 115(2), 324(4), 324(5), 121(2), 352, 351(2), 3(5) of B.N.S. 2023.

3. The prosecution case, in brief, is that the informant has received a secret information that one Anil Sharma is forcibly building a house on disputed land with the help of about 100 anti-social elements. He gave the information to his superior and as per orders reached the alleged place of occurrence and restrained accused persons from doing construction on the

2/4 disputed land but the petitioners along with others attacked the informant, damaged the police vehicle and snatched the service pistol of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. Although, the petitioner is named in the F.I.R. but from perusal of the F.I.R. it appears that there is no specific allegation against the petitioner in the F.I.R. and the F.I.R. is against more than 100 persons including the petitioner and apart from that co-accused persons namely, Ritu Raj @ Munna, Umakant Shgarma and Bindal Sharma against whom the similar allegations have been granted the privilege of anticipatory bail by the learned Court below itself in ABP No. 26 of 2025.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is named in the F.I.R. and apart from that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the aforesaid facts and circumstances of the case and the fact that there is no specific allegation of any assault or overt act attributed against this petitioner and similarly situated co-accused persons have been granted the privilege of anticipatory bail by the learned Court below itself, let

3/4 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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Khagaria in connection with Beldaur P.S. Case No. 401 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order

4/4 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U