Pankaj Kumar @ Pankaj Yadav @ Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58972 of 2022 Arising Out of PS. Case No.-1 Year-2021 Thana- BIHAR District- Nalanda ====================================================== PANKAJ KUMAR @ PANKAJ YADAV @ PANKAJ KUMAR SINGH S/O BHAGWAN YADAV Resident of village- Mahalpar, Khairabad, P.S.- Bihar, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in a case registered for offence punishable u/s 452, 379, 504, 506, 384, 34, 337, 338 of IPC.
Allegedly, the accused persons named in F.I.R. including the petitioner and 3-4 other unknown persons, armed with deadly weapons, attacked the house of informant and made indiscriminate firing. They are also alleged to have entered in the house and took out Rs. 50,000/- cash and some ornaments. The accused persons are also alleged to have demanded Rs. 5,00,000/-, as Rangdari, from the informant.
It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.58972 of 2022(2) dt.22-12-2022 2/3 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity. No such occurrence, in the manner as alleged, has ever taken place. The petitioner has been made accused in this case only to put pressure to settle the previous dispute as petitioner had filed a case bearing Bihar P.S. Case No. 5216/2020 and another case was filed against him by the father of the petitioner bearing Bihar P.S. Case No. 755/2020. No incriminating articles have been recovered from the possession of petitioner or from his house. The police have not found any used bullet from the place of occurrence. The entire allegation is false, fabricated and concocted. The similarly situated co-accused has been granted bail in Cr. Misc No. 16079 of 2022 vide order dated 25.08.2022. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the similarly situated co-accused has been granted bail, 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
Patna High Court CR. MISC. No.58972 of 2022(2) dt.22-12-2022 3/3 below where the case is pending/Successor Court in connection with Bihar P.S. Case No.01 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T