Pinkesh Baswas @ Pinkesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51832 of 2023 Arising Out of PS. Case No.-225 Year-2023 Thana- JOKIHAT District- Araria ====================================================== 1.
Pinkesh Baswas @ Pinkesh Kumar Son Of Siyaram Bishwas Resident Of Village - Borail, Ward No. 10, P.S. - Jokihat (MAHALGAON), District - Araria 2.
Subodh Biswas @ Subodh Kumar Son Of Guneshwar Biswas Resident Of Village - Borail, Ward No. 10, P.S. - Jokihat (MAHALGAON), District - Araria ... ... Petitioner/S
Versus
The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kishore Bharti, Adv.
For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-08-2023 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 379, 364, 365, 504 & 506 of the Indian Penal Code read with Section 27 of the Arms Act.
3. As per the prosecution, the allegation against the four accused persons including the present petitioners that they are involved in kidnapping of four persons named in the F.I.R. by four wheeler on which the bride has visited for marriage and due to this reason, the father of bridegroom has filed an F.I.R. against the accused persons.
4. Counsel for the petitioners submits that the present F.I.R. has been filed, is against the uncle of the bride with a
Patna High Court CR. MISC. No.51832 of 2023(2) dt.19-08-2023 2/2 view to create pressure upon the baarat party.
5. Counsel further submits that petitioners are innocent and their antecedents are clean. Counsel submits that there is no direct involvement of the petitioners in the said occurrence. From the allegation made in the F.I.R., there is only allegation of abuse and scuffling otherwise, a general and omnibus allegation are there.
6. Counsel submits that petitioners belong to respectable family and ready to fulfill all the conditions whatsoever shall be imposed upon them.
7. Learned APP for the State opposes the prayer for bail.
8. In the facts and circumstances., let the abovenamed petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of 30000/- (thirty thousand) each with two sureties of the like ₹ amount each to the satisfaction of the learned C.J.M., Araria in connection with Jokihat (Mahalgaon) P.S. Case No. 225 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J.) prakashmani/- U T