Pankaj Kumar @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68395 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- BARH District- Patna ====================================================== PANKAJ KUMAR @ AJAY KUMAR Son of Ram Pravesh Yadav @ Bairagi Yadav R/V- Gulabbagh, P.O and P.S- Barh, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Ranjan Sinha, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 384, 337, 308/34 of the Indian Penal Code and 27 of Arms Act.

Allegation against the petitioner is that he stopped the alleged Pick-up Van forcibly and made a demand of Rangdari of Rs. 500/- which was refused by the informant. On refusal, petitioner along with one Sandeep Kumar tried to kill the informant by wrapping a Gamchha around his neck tightly which led suffocation to him.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.68395 of 2022(3) dt.03-05-2023 2/3 that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The informant has lodged the present FIR only to harass the petitioner. The allegation levelled against him is toally false and concocted. The injury sustained by the victim is simple in nature. Similarly situated co-accused, namely, Munna Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 04.11.2022 passed in Cr. Misc. No. 40884 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, 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.

Patna High Court CR. MISC. No.68395 of 2022(3) dt.03-05-2023 3/3 satisfaction of the learned Court below where the case is pending/successor Court in connection with Barh P.S. Case No. 366 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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