Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64432 of 2024 Arising Out of PS. Case No.-116 Year-2024 Thana- MUNGER MUFFASIL District- Munger ====================================================== Pankaj Kumar Son of Kailash Yadav R/O Village - Bank, P.S.- Munger Muffasil, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravish Mishra, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-01-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 337, 307, 354, 379 and 504 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case which was also instituted by the side of the informant. It is further submitted that the informant alleges that accused persons including the petitioner came to his house variously armed and petitioner assaulted the informant by rod causing injury on his head. Further, when the wife and son of the informant came to save him, they were also assaulted by the accused persons and Pankaj Kumar and Rubi Devi torn the sari of the wife of the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.64432 of 2024(2) dt.31-01-2025 2/3 petitioner and the informant are agnates and are having dispute relating to property but then the relation has been concealed in the FIR. It is further submitted that the date of occurrence is 25.03.2024 and the FIR was instituted on 26.03.2024 i.e. after a delay of one day. It is next submitted that from perusal of the injury report, it would manifest that the injured was examined on 25.03.2024 itself but then the FIR was not instituted while the informant was in the hospital rather the FIR has been instituted based on a written complaint of the informant. It is also submitted that from perusal of the injury report, it would manifest that all the injures are simple, except injury no. 5 which is opined to be grievous and the same is swelling and tenderness left elbow joint of side 1"x1".
5. Mr. Rabindra Kumar, learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, 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.64432 of 2024(2) dt.31-01-2025 3/3 case is pending/successor court in connection with Munger Mufassil P.S. Case No. 116 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T