Pankaj Kumar Singh @ Ramsumiran Singh @ Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 35857 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- JAMUI District- Jamui ====================================================== Pankaj Kumar Singh @ Ramsumiran Singh @ Pankaj Singh, (Male), aged about 25 years, Son of Kedar Singh @ Ramanand Singh, Resident of Village - Kakan, P.S.- Jamui, Distt - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Adv.

For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 302, 120(B) and 216 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story is that the husband of the informant namely Chandan Mahato was forcefully taken away by the accused persons including the petitioner who were variously armed with fire arms. All the accused persons indiscriminately fired upon the husband of the informant due to which he died. The informant and her elder brother-in-law some how manage to save their life by running away from the place of occurrence. The cause of occurrence is caste rivalry in the village.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due

Patna High Court CR. MISC. No. 35857 of 2019(3) dt.13-08-2019 2/2 to caste rivalry in the village.

Learned counsel for the petitioner further submits that FIR name of petitioner is Pankar Kumar Singh son of Kedar Singh, the informant has filed (Annexure-2) protest petition before the court below stating therein that Pankaj Kumar Singh only suspicion. As per FIR there is caste rivalry in the area and due to which present FIR has been instituted against several persons belong to a particular caste have been made accused. The petitioner has made accused on the suspicion except that there is no material against him. In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Jamui (Adarsh Thana) P.S. Case No. 149 of 2019 to the satisfaction of the learned Chief Judicial Magistrate, Jamui, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.