Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50687 of 2022 Arising Out of PS. Case No.-299 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

PANKAJ KUMAR S/o Subodh Singh Resident of Village- Bhairwar, P.S.- Muffasil, Lakho O.P., District- Begusarai.

2.

Subodh Singh S/o Late Shiv Ram Singh Resident of Village- Bhairwar, P.S.- Muffasil, Lakho O.P., District- Begusarai.

3.

Chabila Singh @ Chabila Kumar S/o Late Arjun Singh Resident of VillageKalwara Mohraghat, P.S.- Alauli, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2023 Let the defect (s), if any, as pointed out by the office, be removed within a period of three weeks from today. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner no. 2, Subodh Singh submits that during the pendency of this application, the petitioner has been arrested and hence, seeks permission to withdraw this application.

This application is dismissed as withdrawn.

The petitioners are apprehending their arrest in

Patna High Court CR. MISC. No.50687 of 2022(2) dt.09-01-2023 2/3 connection with Muffasil P.S. Case No. 299 of 2022 registered for the offences punishable under Sections 323, 326, 386 and 506 read with Section 34 of the Indian Penal Code.

Allegation against the petitioners is that petitioners and other co-accused persons assaulted the informant and snatched rupees one thousand from the informant on the gun point. When the informant informed her husband about the alleged occurrence then the petitioners and other co-accused persons assaulted the informant's husband with lathi, danda and also tried to attack her husband with acid. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. Learned counsel has further submitted that the date of occurrence is 28.10.2021 and the complaint case has been filed on 20.11.2021 and the F.I.R. has been registered on 09.06.2022. There is delay of twenty days and there is no explanation for the same. He has further submitted that informant and petitioners are agnates and only due to earlier property disputes between the parties, the present incident took place. The petitioners have got clean antecedent. Learned A.P.P. for the State has opposed the prayer

Patna High Court CR. MISC. No.50687 of 2022(2) dt.09-01-2023 3/3 for anticipatory bail of the petitioners.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 299 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T