Pankaj Jaiswal @ Pankaj Kumar Jaiswal @ Pankaj Jaiwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43706 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Pankaj Jaiswal @ Pankaj Kumar Jaiswal @ Pankaj Jaiwal, aged about 32 years, Male, Son of Indradeo Shaw @ Indradev Prasad Jaiswal, Resident of Village - Daidikhili, P.S.- Durgawati, District- Kaimur at Bhabua. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Mohaniya P.S. Case No. 52 of 2019, corresponding to Registration No.222 of 2019, registered for the offence under Sections 147, 148, 149, 341, 323, 504, 427, 332, 333, 353 and 379 of the Indian Penal Code.
The informant has claimed himself to be the Enforcement Sub-Inspector in the office of the District Transport Office, Kaimur. It is alleged that he has intercepted a truck, which was found over-loaded. Allegedly, in order to get the truck released forcibly from his custody, number of persons assembled there including the persons named in the F.I.R. They
Patna High Court CR. MISC. No.43706 of 2019(2) dt.16-07-2019 2/3 are said to have assaulted him and damaged the Government vehicle. It is also alleged that one Kamlesh Kumar has snatched his money receipts and some cash.
Learned counsel for the petitioner submits that the petitioner himself was involved in collecting illegal money from the transporters, which was objected by the accused persons, on that account this case has been lodged. He further submits that co-accused, Muni Jaiswal and Gudu Yadav, have been granted anticipatory bail by a co-ordinate Bench of this Court in Criminal Miscellaneous No.24439 of 2019.
Looking to the entire facts and circumstances of the case, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Mohaniya P.S. Case no. 52 of 2019, corresponding to Registration No.222 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation
Patna High Court CR. MISC. No.43706 of 2019(2) dt.16-07-2019 3/3 and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) pawan/- U T