Pankaj Kumar @ Pankaj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66744 of 2024 Arising Out of PS. Case No.-882 Year-2023 Thana- MANER District- Patna ====================================================== Pankaj Kumar @ Pankaj Rai S/O Harendra Rai R/o - Suarmarwa, P.S - Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Maner P.S. Case No. 882 of 2023 registered for the offences punishable under Sections 379, 386, 120(B) of the Indian Penal Code and Section 25(1-B)a, 26 & 35 of the Arms Act.

3.

As per prosecution case, the allegation has been made against the co-accused persons including the petitioner of demanding extortion money for illegal excavation of sand on the strength of weapons. The police has arrested two accused persons with country made pistol, 10 live cartridges from cow shed of the co-accused.

Patna High Court CR. MISC. No.66744 of 2024(2) dt.20-09-2024 2/3 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no any independent witness in the present case. It is submitted that petitioner has no concern with the recovered arms and the same were recovered from the possession of co-accused. Petitioner bears two criminal antecedents. It is lastly submitted that co-accused have been allowed anticipatory bail by this Court vide orders dated 17-05-2024, 25-06-2024 & 12-07-2024, passed in Cr. Misc. No. 38138 of 2024, Cr. Misc. No. 40176 of 2024 & Cr. Misc. No. 46228 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.66744 of 2024(2) dt.20-09-2024 3/3 case is pending/successor court in connection with Maner P.S. Case No. 882 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T