Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42128 of 2022 Arising Out of PS. Case No.-475 Year-2021 Thana- PATORI District- Samastipur ====================================================== 1.

PANKAJ KUMAR S/o Dodhi Rai R/o village- Uttari Dumri, P.S.- Patori (Mohanpur O.P.), Distt.- Samastipur 2.

Guddu Kumar S/o Ram Chandra Rai @ Ram Chandra Ray R/o villageUttari Dumri, P.S.- Patori (Mohanpur O.P.), Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2022 Prayer for pre arrest bail of petitioner no. 2 is dismissed as withdrawn.

Heard learned counsel for the petitioner no.1 and the State.

Petitioner no. 1 apprehends arrest in a case registered for the offence punishable under Sections 506/34 and other sections of the IPC and section 27 of the Arms Act. As per the FIR, the petitioner no. 1 along with coaccused persons assaulted the informant and one Hira Kumar with fist and slaps and butt of pistol. The accused persons are also alleged to have opened fire.

Learned counsel appearing for the petitioner no. 1

Patna High Court CR. MISC. No.42128 of 2022(2) dt.29-11-2022 2/2 submits that there is general and omnibus allegation of assault against the petitioner and none has sustained fire arm injury. Doctor has found simple injury. Petitioner has got no criminal antecedent.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner no. 1 , above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class, Samastipur in connection with Patori (Mohanpur O.P.) P.S. Case no. 475 of 2021 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) asmit/- U T