Pankaj Rai @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37868 of 2023 Arising Out of PS. Case No.-200 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
PANKAJ RAI @ PANKAJ KUMAR SON OF HIRAMAN RAI RESIDENT OF VILLAGE GAGALWA TOLA, PS- TURKAULIYA, DISTRICT- EAST CHAMPARAN 2.
MANISTAR PASWAN SON OF GAURI SHANKAR PASWAN RESIDENT OF VILLAGE- GAGALWA TOLA, PS- TURKAULIYA, DISTRICT- EAST CHAMPARAN 3.
RAJ KUMAR MUKHIYA SON OF DUKHI MUKHIYA RESIDENT OF VILLAGE- BALAHI, PS- TURKAULIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 308, 427, 379, 504, 506, 120B, 34 of the IPC.
3. As per the prosecution case, all the F.I.R. named accused persons including the petitioners and one unknown came at the door of the informant and started abusing. Petitioner nos.1 and 2 caught hands of the informant and petitioner no.3 assaulted him. All accused persons including the petitioners assaulted the informant.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.37868 of 2023(3) dt.29-08-2023 2/2 that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The injuries were found simple in nature, which is clear from the injury report enclosed in the case diary. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Turkauliya P.S. Case No.200 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T