Pankaj Kumar @ Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43917 of 2025 Arising Out of PS. Case No.-744 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Pankaj Kumar @ Pankaj Singh S/o Janardhan Singh R/o vill- Dharnihatta, P.S. - Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Gopalganj P.S. Case No. 744 of 2024 instituted for the offences under Sections 118(2), 109, 118(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Prosecution case, in short, is that some assailants surrounded the prisoner Vishal Singh and fired upon him when the prisoners were being taken by the police for their production before the Court. It is further alleged that in course of firing, one person, namely Suresh Kumar was apprehended with arms and ammunitions.

Patna High Court CR. MISC. No.43917 of 2025(3) dt.11-09-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of firing is against co-accused Suresh Kumar. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that during course of investigation, the co-accused Suresh Kumar who was apprehended on the spot has disclosed that this petitioner provided the arms and ammunitions which was used in the alleged occurrence.

6. Considering the aforesaid facts and circumstances of the case, as also there being direct material against the petitioner in the case diary, in my view, this is not a fit case for anticipatory bail, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

Patna High Court CR. MISC. No.43917 of 2025(3) dt.11-09-2025 3/3

8. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Alok Verma/- U T