Pankaj Kumar @ Pankaj Das @ Pankj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79896 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== 1.

Pankaj Kumar @ Pankaj Das @ Pankj Das Son Of Ramswarup Das @ Ram Sharup Das Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 2.

Dilip Kumar @ Dilip Das Son Of Sobit Das @ Sobhit Das Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 3.

Baidyanath Mahto @ Baidnath Mahto Son Of Bakat Mahto Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 4.

Rahul Kumar Son Of Vinod Mahto Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 5.

Yogendra Das @ Yogeandra Das Son Of Late Jugeshwer Das Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 6.

Vinod Mahto Son Of Baidyanath Mahto @ Baidnath Mahtao @ Baidnath Mahto Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 7.

Sita Ram Das Son Of Jagesh Das Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 8.

Manju Devi Wife Of Ram Sajan Das Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 9.

Ashok Kumar @ Ashok Das Son Of Yogendra Das @ Yogeandra Das Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 10.

Abhishek Kumar Son Of Ashok Kumar @ Ashok Das Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 11.

Sudhir Kumar @ Sudhir Das Son Of Ram Swarup Das @ Ramsharup Das Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 12.

Amiya Devi Wife Of Pawan Das Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur 13.

Ram Swarup Das @ Ramsharup Das Son Of Late Jayprsad Das @ Late Jai Prasad Das Resident Of Village - Deehsarsouna, P.S. - N.H. Bangra, District - Samastipur ... ... petitioner/s

Versus

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

For the petitioner/s :

Ms. Aprajita, Adv.

For the petitioner Nos.

Patna High Court CR. MISC. No.79896 of 2023(3) dt.14-05-2024 2/3 1, 5, 8 and 10 to 13 :

Mr. Shashi Bhushan Pandey, Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in connection with National Highway P.S. Case No. 109 of 2023 instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 324, 354, 427, 307, 333, 353, 114, 118 and 504 of the Indian Penal Code.

3. Prosecution case, in short, is that 22 named accused persons including the petitioners along with 50-60 unknown created hindrance in discharging the duties of police personnel. In the alleged incident, the accused persons also damaged the JCB machine which was brought by the informant to remove encroachment.

4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. There is no specific allegation against these petitioners. No incriminating article has been recovered from the conscious possession of these petitioners. There is no specific overt act alleged against them. It is next submitted that the petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.79896 of 2023(3) dt.14-05-2024 3/3

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances as well as no specific overt act against the petitioners, let the petitioners, above named, in the event of 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. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with National Highway P.S. Case No. 109 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rudra Prakash Mishra, J) Arish/- U T