Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70983 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Pankaj Kumar, Son Of Late Harendra Rai Resident Of Village - Lohari, P.S.- Chapra Muffasil, Distt.- Saran At Chapra.

2.

Sunil Rai, Son Of Late Harendra Rai Resident Of Village - Lohari , P.S.- Chapra Muffasil, Distt.- Saran At Chapra.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 447, 379, 504/ 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on account of previous enmity, the accused persons came variously armed to his house and Santosh Kumar abused and assaulted with knife causing injury on his left arm and when he fell down, accused Pankaj Kumar took out Rs.30,000/- from his pocket and thereafter, it is alleged that all

Patna High Court CR. MISC. No.70983 of 2021(3) dt.01-08-2022 2/3 the accused persons started assaulting the informant. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. The present case has been instituted on account of dispute relating to land between the parties. It is next submitted that as far as allegation of assault is concerned, the same is on Santosh Kumar, who has been enlarged on regular bail by the learned trial Court. As far as these petitioners are concerned, they have been roped with an ornamental allegation of snatching Rs.30,000/- and a general and omnibus allegation of assault is alleged and the injuries are simple in nature. The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chapra Muffasil P. S. Case No.126 of 2021, subject to the conditions laid down

Patna High Court CR. MISC. No.70983 of 2021(3) dt.01-08-2022 3/3 under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T