Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57670 of 2023 Arising Out of PS. Case No.-288 Year-2022 Thana- KAKO District- Jehanabad ====================================================== PANKAJ KUMAR SON OFSURENDRA YADAV RESIDENT OF VILLAGE- KUMDIHA, P.S. -KAKO, BHELAWAR OP, DISTRICTJEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 307, 427, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons came at the house of the informant and started breaking the wall of his house. On protest, all the accused persons assaulted the informant's side. Petitioner is said to have assaulted the informant by means of Khanti on his head due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Both the parties are agnates. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.57670 of 2023(2) dt.12-10-2023 2/2 specific rather general and omnibus in nature. There is old enmity between the parties. There is admitted land dispute between the parties. Both sides have filed cases against each other and both sides have sustained injuries. Though the allegation against the petitioner is that he assaulted the informant by means of Khanti, but as per the injury report, his injury is simple in nature. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as injury sustained by the informant is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kako (Bhelawar O.P.) P.S. Case No. 288 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T