Pankaj Kumar @ Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39011 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- AZIMABAD District- Bhojpur ====================================================== Pankaj Kumar @ Pankaj Singh S/O Ram Ayodha Singh R/O VillageBargaon, P.S- Azimabad, Distt.- Bhojpur. ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Adv For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Azimabad P.S. Case No. 02 of 2023 dated 02.01.2023 registered for the offences punishable u/ss 341, 325, 354, 354B, 379, 427, 337, 338, 457, 504, 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have broken the door and entered the house of the informant and started abusing. The accused persons broke chairs and tables and when the informant and her daughter protested then the co-accused persons Rinki Singh and Pankaj Singh started beating the informant's daughter
Patna High Court CR. MISC. No.39011 of 2024(3) dt.23-08-2024 2/3 and tore her clothes. The co-accused Dablu Singh, Manish Singh and Chhotu assaulted and abused the informant. The petitioner and the co-accused persons threatened to kill the husband and son of the informant. It is further alleged that when the informant checked her belongings, she saw that the accused persons took Rs. 50,000/- from her suitcase by breaking the lock.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is a political rivalry between the parties. It is further submitted that there is no specific allegation against the petitioner. The allegation against the petitioner is general and omnibus. No case is made out u/s 354B against the petitioner. Nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 04.01.2024 passed in Cr. Misc. No. 79306 of 2023. The petitioner has two criminal antecedents in which he is acquitted in one case as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
Patna High Court CR. MISC. No.39011 of 2024(3) dt.23-08-2024 3/3
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Ara in connection with Azimabad P.S. Case No. 02 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T