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Patna High CourtCR. MISC./42649/2023allowed

Pankaj Kumar Sahni v. The State Of Bihar

2023-08-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42649 of 2023 Arising Out of PS. Case No.-403 Year-2022 Thana- ROSERA District- Samastipur ====================================================== 1.

Pankaj Kumar Sahni S/O Baidhnath Sahni R/O Village- Suggaramaul, P.SRosera, Distt.- Samastipur. 2.

Sujeet Kumar Jha @ Sonu Kumar @ Sumit Kumar Jha @ Sumit Jha @ Sonu Jha S/O Kiran Kumar Jha @ Papu Jha R/O Village- Balha, P.SRosera, Distt.- Samastipur. 3.

Nimit Jha S/O Maksun Jha R/O Village- Suggaramaul, P.S- Rosera, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 452, 427, 379, 384, 307, 354, 504, 506 and 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, allegation against the petitioners is that they entered into the house of the informant and damaged three four wheeler, eight motorcycles and household articles and looted jewellery and cash from the house of the informant and also looted from the house of Bimalesh Pathak and Mithlesh Pathak.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.42649 of 2023(2) dt.04-08-2023 2/2 petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He submits that there is case and counter case between the parties and no person was injured in the present case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, 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 lower Court where the case is pending/successor Court in connection with Rosera P.S. Case No.403 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T