Patna High CourtCR. MISC./37363/2022partly allowed disposal

Pankaj Yadav @ Vijay Sanyal v. The State Of Bihar

2022-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37363 of 2022 Arising Out of PS. Case No.-64 Year-2022 Thana- SALAKHUA District- Saharsa ====================================================== 1.

Pankaj Yadav @ Vijay Sanyal Son Of Sikandar Yadav @ Sikandar Prasad Yadav Resident Of Rasalpur, P.S.- Salkhua (Op Banma Itahari), DistrictSaharsa 2.

Jaishankar Yadav Son Of Sikandar Yadav @ Sikandar Prasad Yadav Resident Of Rasalpur, P.S.- Salkhua (Op Banma Itahari), District- Saharsa 3.

Sikandar Yadav @ Sikandar Prasad Yadav Son Of Late Raghuwar Yadav Resident Of Rasalpur, P.S.- Salkhua (Op Banma Itahari), District- Saharsa 4.

Rahul Yadav Son Of Late Pramod Yadav Resident Of Rasalpur, P.S.- Salkhua (Op Banma Itahari), District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Verma, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 Vide order dated 08.08.2022, the petition of petitioner no.1 has already been dismissed as withdrawn. At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner nos. 2 and 3.

Permission is accorded.

Accordingly, the petition of petitioner nos.2 and 3 is dismissed as withdrawn.

Heard learned counsel for the petitioner no.4 and learned APP for the State.

The petitioner no.4 is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 448, 323 and 379 of the Indian Penal Code and Section 27

Patna High Court CR. MISC. No.37363 of 2022(3) dt.20-09-2022 2/2 of the Arms Act.

The allegation against the petitioner is that he stolen away the bag of the informant containing cloths worth Rs.85,000/- Learned counsel for the petitioner no.4 submits that petitioner has falsely been implicated in this case. He further submits that there is case and counter case between the parties. Learned APP for the State opposed the prayer for anticipatory bail of petitioner no.4.

Considering the aforesaid submissions, let the petitioner, namely, Rahul Yadav, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Saharsa in connection with Salkhua P.S. (Banma Itahari OP) Case No. 64 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T