Pankaj Kumar Pandey @ Pankaj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44469 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1.

Pankaj Kumar Pandey @ Pankaj Pandey, Son of Triyogi Pandey, Resident of Village- Basantpur, P.S.- Dhina, Distt- Chandauli (U.P.) at present residing at Village- Kalyanpur, P.S.- Durgawati, Distt.- Kaimur. 2.

Sanajy Panday, Son of Late Kasinath Panday, Resident of VillageBasantpur, P.S.- Dhina, Distt- Chandauli (U.P.) at present residing at VillageKalyanpur, P.S.- Durgawati, Distt.- Kaimur. 3.

Arun Soni, Son of Late Sarvanand Sath, Resident of Village- Basantpur, P.S.- Dhina, Distt- Chandauli (U.P.) at present residing at VillageKalyanpur, P.S.- Durgawati, Distt.- Kaimur. 4.

Deepak Singh @ D.M singh @ Deepak kumar Singh, S/o Ramraj Yadav, Resident of Village- Basantpur, P.S.- Dhina, Distt- Chandauli (U.P.) at present residing at Village- Kalyanpur, P.S.- Durgawati, Distt.- Kaimur. 5.

Sunil Yadav @ Sunil Kumar Yadav, S/o Ramraj Yadav @ Ramraj Singh, Resident of Village- Basantpur, P.S.- Dhina, District- Chandavli (U.P.) at present residing at Village- Kalyanpur, P.S.- Durgawati, Distt- Kamur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Durgawati P.S. Case No. 131 of 2019, registered under Sections 147, 148, 323, 342, 353, 332, 333, 337, 338, 427 and 152 of the Indian Penal Code.

The accusation is that in course of patrolling duty,

Patna High Court CR. MISC. No.44469 of 2019(2) dt.19-07-2019 2/3 informant along with other police official received information to the effect that near the Sweet shop of Ranu Gupta at village Kalayanpur (Tiari Bahar), two groups are fighting to each other then the informant and other police personnel reached there and made attempt to pacify the dispute but both parties became adamant for scuffle and started to abuse and pelting stones upon the police personnel, in which, police vehicle was damaged and police personnel also sustained injury. When more police personnel reached there then all started to flee away but on chased, they all succeeded to flee away while six persons were arrested by the police, who disclosed the name of petitioner and others, who su cceeded to flee away.

Learned counsel for the petitioners submits that petitioners were not apprehended at the spot and their names have come in the confessional statement of co-accused, Nitu Sinth, who is said to be apprehended by the police at the spot. Further submission is that petitioner has no criminal antecedent except Duragawati P.S. Case No. 130 of 2019, which has been registered with regard to same occurrence.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.44469 of 2019(2) dt.19-07-2019 3/3 within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabhua, Kaimur, in connection with Durgawati P.S. Case No. 131 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T