Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40928 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- DEEPNAGAR District- Nalanda ====================================================== PANKAJ KUMAR Son of Arun Kumar @ Arun Yadav Resident of VillageGolapur, P.S.- Deepnagar, Distt- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Pramod Kr. Pandey, APP For the informant :

Mr. Sameer Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2021 Heard the learned counsel for the petitioner, Sri. Pramod Kr. Pandey, the learned A.P.P. for the State and Sri Sameer Kumar, the learned counsel for the informant. This is an application for grant of anticipatory bail in connection with Deepnagar PS case no. 100 of 2020 registered for the offences punishable under Sections 307 and other allied sections of Indian Penal Code and 27 of Arms Act. The allegation is regarding the accused persons having resorted to firing and assault upon the informant of this case, resulting in the informant receiving firearm injury. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent.

Patna High Court CR. MISC. No.40928 of 2020(2) dt.22-11-2021 2/3 It is further submitted that a bare perusal of the F.I.R. would show that no injury whatsoever, has been attributed to any sort of overt act on the part of the petitioner herein. It is stated that only a general and omnibus allegation has been levelled as far as the petitioner is concerned and moreover, a compromise has already been entered into amongst the parties. Per contra, the learned APP for the State has vehemently opposed the prayer of bail but the learned counsel for the informant has submitted that he has got no objection, in case anticipatory bail is granted to the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as discussed hereinabove, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court CR. MISC. No.40928 of 2020(2) dt.22-11-2021 3/3 connection with Deepnagar PS case no. 100 of 2020 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T