Pankaj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68956 of 2023 Arising Out of PS. Case No.-68 Year-2020 Thana- HALSI District- Lakhisarai ====================================================== 1.
PANKAJ SINGH SON OF RAGHO SINGH RESIDENT OF VILLAGE - MAHSONI, POLICE STATION - HALSI, DISTRICT - LAKHISARAI 2.
DEEPAK SINGH SON OF LATE RAGHO SINGH RESIDENT OF VILLAGE - MAHSONI, POLICE STATION - HALSI, DISTRICT - LAKHISARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP For the Informant : Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 & 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The petitioners in association of other co-accused is said to have assaulted the informant and others by various means causing injuries to them.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. It is further submitted that
Patna High Court CR. MISC. No.68956 of 2023(4) dt.19-03-2024 2/3 there is land dispute between the parties and occurrence took place for carrying the fodder. It is further submitted that informant is an influential person having high approach, therefore, he got injury report after managing the hospital. It is further submitted that injury report does not support the prosecution case. The petitioners are poor labourer and the informant is a muscleman who wants to grab their land. Petitioners have one criminal antecedent as mentioned in para-3 of this application.
5. Having regard to the facts and circumstances of the case, let the above named petitioner no.1, 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 below where the case is pending/successor Court in connection with Halsi P.S. Case No. 68 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
6. Considering the facts and circumstances of case, I am not inclined to enlarge petitioner no.2 on anticipatory bail. The prayer for anticipatory bail of the petitioner no.2 is hereby rejected. However, petitioner no.2 is directed to surrender before
Patna High Court CR. MISC. No.68956 of 2023(4) dt.19-03-2024 3/3 the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T