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Patna High CourtCR. MISC./59697/2025bail granted

Pankaj Kumar v. The State Of Bihar

2025-09-03Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59697 of 2025 Arising Out of PS. Case No.-177 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== Pankaj Kumar S/o Munnilal Paswan R/O Village- Bahuara, P.S- Rajapakar (Baranti), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Rina Sinha, Advocate Mr. Dhirendra Prasad Sinha, Advocate For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 126, 115(2), 109, 74, 303(2), 324(4), 352 and 351(2) of the B.N.S..

3. As per prosecution case, 13 F.I.R. named accused persons, including this petitioner and 20 to 25 unknown persons, came to chamber of informant, ransacked the clinic and assaulted him and his family members. It is further alleged that on account of assault, his daughter received injury on her head and the accused persons also took away Rs. 20,000/-, watch, chain, etc..

Patna High Court CR. MISC. No.59697 of 2025(2) dt.03-09-2025 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. From bare perusal of the F.I.R. it is apparent that this petitioner is not alleged to be carrying any weapons. It is lastly submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 20.08.2025 passed in Cr. Misc. No. 53665 of 2025. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.59697 of 2025(2) dt.03-09-2025 3/3 each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Rajapakar (Baranti) P.S. Case No. 177 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T