Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53380 of 2018 Arising Out of PS.Case No. -86 Year- 2018 Thana -CHAUSA District- MADHEPURA ======================================================

1. Pankaj Singh S/o Bhothari Singh, R/o Vill.- Panchgachchiya Kadwa, P.S.- Dholbajja (O.P. Kadwa), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 307, 353 of the Indian Penal Code read with Section 25(i-b)a, 26, 27, 35 of the Arms Act and 37(a) of the Bihar Prohibition and Excise Act, 2016.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accused Nanku Singh. Co-accused Nanku Singh is alleged to have fired upon police officials. One loaded country-made pistol is

Patna High Court Cr.Misc. No.53380 of 2018 (2) dt.05-09-2018 alleged to have been recovered from Nanku Singh and he is said to be in drunken state. The said accused in drunken state, has taken name of the petitioner as being one of the associates. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judgecum-Special Judge, Excise Act, Madhepura in connection with Chouse P.S. Case No. 86 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T