Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63340 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- MAHKAR District- Gaya ====================================================== 1.
Pankaj Kumar, S/o Shailendra Kumar, R/o Village- Chhatni, P.S.- Mahkar, District- Gaya 2.
Soni Kumari, W/o Shailendra Kumar, R/o Village- Chhatni, P.S.- Mahkar, District- Gaya 3.
Prince Kumar, S/o Shailendra Kumar, R/o Village- Chhatni, P.S.- Mahkar, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv.
Mr. Bhaskar Shankar, Adv.
For the State :
Mr. Umeshanand Pandit, APP For the Informant :
Mr. Shailesh Kumar, Adv.
Mr. Shahbaj Alam, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-10-2024
1. Heard Mr. Krishna Pd. Singh, learned counsel for the petitioner, Mr. Umeshanand Pandit, learned APP for the State and Mr. Shailesh Kumar, learned counsel for the informant.
2. The petitioners apprehend their arrest in connection with Mahkar P.S. Case No. 78/2024 dated 13.04.2024 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 379, 307 and 506 of the Indian Penal Code.
3. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.63340 of 2024(2) dt.05-10-2024 2/3 submits that as per the FIR, altogether twelve persons including the petitioners are said to be involved in the said occurrence and against the petitioner No. 2, there is simple allegation of having thrown bricks from the roof at Ram Bhavan Prasad and against the rest petitioners, there is simple allegation of having pushed the informant's nephew, namely, Anuj Kumar to the ground and thereafter, sat on his chest, which is also a very simple allegation and all the petitioners have fair and clean antecedent and there is case and counter case in between both the parties.
4. On the contrary, learned counsel appearing for the informant has vehemently opposed the bail prayer of the petitioners and submitted that the manner of occurrence is very serious in nature and on account of fear of the accused persons, the informant did not dare to come out of his house to lodge the FIR and finally, when the police came then he went with the police to take legal action.
5. Learned APP appearing for the State has also opposed the petitioners' prayer.
6. Having considered the facts and circumstances of this case as well as above submissions and mainly taking into account the nature of allegation appearing against the petitioners coupled with their fair and clean antecedent, this Court is
Patna High Court CR. MISC. No.63340 of 2024(2) dt.05-10-2024 3/3 inclined to grant the relief of anticipatory bail to them. Accordingly, let the petitioners named-above, in the event of their arrest or 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. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Mahkar P.S. Case No. 78/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) annu/- U T