Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38850 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- BIHPUR District- Bhagalpur ====================================================== 1.
Pankaj Singh, S/o Bido Singh, R/o Village- Babhangama Bichla Tola, Thana- Bihpur, District- Bhagalpur 2.
Pravin Kumar @ Pravin Singh @ Mushara @ Mushara Singh, S/o Bildan Singh, R/o Village- Babhangama Bichla Tola, Thana- Bihpur, DistrictBhagalpur 3.
Rupesh Kumar Singh @ Rupesh Kumar, S/o Shankar Singh, R/o VillageBabhangama Bichla Tola, Thana- Bihpur, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha, Advocate.
For the State :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Bihpur P.S. Case No. 67 of 2025 dated 15.03.2025 registered for the offences punishable under Sections 126(2), 115(2), 329(4), 109, 324(4), 303(2) and 3(5) of B.N.S. 2023.
3. As per allegation, in course of dancing, one Rupesh Kumar fell down and as per his view, Manish Kumar was instrumental in falling down of Rupesh during dancing and hence, Rupesh went to his house and called all the accused
2/4 persons to assault the informant and his family members and in course of altercation, Dharo Singh assaulted the informant by iron rod on her head leading to fracture.
4. learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, the petitioners are no way involved in the alleged offence. He also submits that petitioners have been implicated in this case on account of being family members of Dharo Singh. The falsity of the prosecution case is also apparent by the fact that the lady family members of the accused side are named as accused in this case. He also submits that as per the prosecution case, only one injury has been caused and that has been caused by Dharo Singh and the allegation against the rest accused persons including the petitioners are omnibus and general in nature.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner No. 2 has clean antecedent whereas Petitioner Nos. 1 and 3 have been made accused in another case in which they are on bail.
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7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances particularly the fact that there is no specific allegation of assault against the petitioner and there is only one alleged inury caused by Dharo Singh, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned court below in connection with Bihpur P.S. Case No. 67 of 2025, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
4/4 below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) S.Ali/- U T