Pankaj Kumar Rai @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3716 of 2023 Arising Out of PS. Case No.-269 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

Pankaj Kumar Rai @ Pankaj Kumar Son Of Nandlal Rai R/O VillageRannuchak, P.S.- Nathnagar, District- Bhagalpur 2.

Mukesh Rai Son Of Late Dayanand Rai R/O Village- Rannuchak, P.S.- Nathnagar, District- Bhagalpur 3.

Manoj Kumar Rai @ Hiralal Rai @ Manoj Kumar Son Of Late Sikendra Rai R/O Village- Rannuchak, P.S.- Nathnagar, District- Bhagalpur 4.

Chhotu Kumar @ Sanat Kumar Rai Son Of Rakesh Kumar Rai R/O VillageRannuchak, P.S.- Nathnagar, District- Bhagalpur 5.

Mannu Rajak Son Of Bhola Rajak R/O Village- Rannuchak, P.S.- Nathnagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 147, 148, 149, 323, 427, 386, 504 and 506 of the Indian Penal Code pending in the learned court below.

When the informant was coming from Diwara Mauza Ajmaripur with five loaded tractors and two unloaded tractor, at that time 20-25 persons of his village surrounded them and

Patna High Court CR. MISC. No.3716 of 2023(2) dt.06-04-2023 2/3 started abusing words and assaulted, breaking tractor, tyre and tubes also, Rs.4-5 lacs lost by this act and demanded ransom by the accused persons.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits the occurrence took place on 20.04.2022 but the FIR lodged on 26.04.2022 there is delay of of six days in filing of the present FIR petition and there is no any explanation of it which creates serious doubt about the prosecution case. He further submits that similarly situated other co-accused person has already been granted bail by a bench of this Court vide order dated 15.11.2022 passed in Cr. Misc. No. 49959/2022. He further submits that petitioner no.1 has got six criminal antecedents, petitioner no.2 has got five criminal antecedents and petitioner no.3 has got two criminal antecedents as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/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.25,000/- (Rupees Twenty Five

Patna High Court CR. MISC. No.3716 of 2023(2) dt.06-04-2023 3/3 Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Nathnagar P.S. Case No.269/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T