Pankaj Singh @ Badak Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55373 of 2023 Arising Out of PS. Case No.-304 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.
Pankaj Singh @ Badak Singh Son Of Kalika Singh Residents Of Village - Gundi, Police Station - Krishnagarh (O.P.), District - Bhojpur 2.
Sakti Singh @ Chunnu Singh @ Chunnu Son Of Kalika Singh Residents Of Village - Gundi, Police Station - Krishnagarh (O.P.), District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-09-2023 Heard Mr. Anil Kumar Singh, learned counsel appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 304 of 2023, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.
3. Allegedly, the petitioners and other accused persons have assaulted the informant with iron rod, lathi, danda and sword. During the course of occurrence co-accused 'Chunnu Singh' and 'Pankaj Singh' has snatched the valuables and took
Patna High Court CR. MISC. No.55373 of 2023(2) dt.20-09-2023 2/3 away the money from the pocket of the informant.
4. Learned counsel appearing on behalf of the petitioners submits that there is an admitted dispute between the persons of both the sides resulting into case and counter case. It is further submitted that petitioner no. 2 has also lodged a case bearing Barhara (Krishnagarh O.P.) P.S. Case No. 303 of 2023 against the informant and his family members. Moreover, omnibus nature of allegation has been levelled against all the FIR named accused persons, including the petitioners, though one of the injuries sustained to the parietal region of the informant has been found to be grievous in nature. He next submits that other co-accused persons having identical allegation have been allowed the privilege of anticipatory bail by the learned co-ordinate Bench of this Court in Cr. Misc. No. 53289 of 2023 vide order dated 31.08.2023, the copy of which has been placed before this Court and the same has been taken on record.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the informant has sustained grievous injury.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of
Patna High Court CR. MISC. No.55373 of 2023(2) dt.20-09-2023 3/3 allegation coupled with the fair antecedent of the petitioner and others have been allowed the privilege of anticipatory bail, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Barhara (Krishnagarh O.P.) P.S. Case No. 304 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) shivank/- U T