Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50941 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- ATHMALGOLA District- Patna ====================================================== 1.

Pankaj Kumar Son of Madhusudan Saw Resident of Village- Ganjpar, P.S.- Athmalgola, District- Patna.

2.

Vikram Kumar Son of Devanand Saw Resident of Village- Ganjpar, P.S.- Athmalgola, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Kashyap For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Athmalgola P.S. Case No.93 of 2021, registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners are not named in the FIR. Name of one of the petitioners is surfaced in the case on the basis of confessional statement of Devanand Saw, the father of the deceased. It is further submitted that no

Patna High Court CR. MISC. No.50941 of 2021(2) dt.05-05-2022 2/2 specific overt act is alleged against the petitioners. It is also submitted that after investigation, the police submitted charge sheet under Sections 306 and 201 of the Indian Penal Code. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

Taking into consideration the fact that no specific overt act is alleged against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh, Patna in connection with Athmalgola P.S. Case No.93 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T