Pankaj Kumar @ Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58140 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- AMAS District- Gaya ====================================================== Pankaj Kumar @ Pankaj Singh S/o- Arvind Singh Village- Nadian,P.O.- Dariaura,P.S.-Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Amas P.S. Case no. 334 of 2023, registered under sections 413, 414, 401, 467, 418 and 379 of Indian Penal Code.

3. As per the prosecution case, the informant states that seeing the police personnel on patrol duty, two persons started to flee away on the motorcycle, however their motorcycle skidded as a result of which they fell down. Both of them were caught. As they failed to produce documents with respect to their motorcycle, the F.I.R was registered.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58140 of 2024(2) dt.13-09-2024 2/3 petitioner is not named in the FIR. Referring to the order of the learned trial Court, it is submitted that the petitioner was falsely implicated in the case in course of investigation on the alleged confessional statement of co-accused Ajay Kumar and Rishi Kumar. No incriminating article has been recovered from his possession. The petitioner has no criminal antecedent and coaccused Sunil Yadav has been enlarged on bail vide order dated 15.7.2024 passed in Cr. Misc. no. 41644 of 2024.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired in course of investigation against this petitioner as is evident from the order of the learned trial Court, no incriminating article having been recovered from the petitioner's possession, grant of bail to the similarly situated coaccused Sunil Yadav vide aforesaid order dated 15.7.2024 and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Amas P.S. Case no. 334 of 2023 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.58140 of 2024(2) dt.13-09-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sherghati, District- Gaya.

(Partha Sarthy, J) Shiv/- U T