Pankaj Sharma @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45577 of 2017 Arising Out of PS.Case No. -100 Year- 2017 Thana -GHOSI District- - ====================================================== Pankaj Sharma @ Pankaj Kumar Son of Satendra Sharma, Resident of Village-Devoni, Police Station-Ghoshi, District-Jehanabad. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Shekhar Kumar Singh, Advocate. For the Opposite Party : Mr. Tarkeshwar Nath Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 342, 323, 504, 506, 379 and 307/34 of the IPC.
The prosecution story, in brief, is that on 06.05.2017, while the informant was gossiping at the Shiv Temple. In the meantime, the petitioner besides co-accused Satyendra Sharma, Nawal Singh holding lathi, danda, Khanti came there and surrounded him by using indecent words. Co-accused Satyendra Sharma exhorted this petitioner to kill him whereupon this petitioner inflicted Khanti blow on his head indiscriminately, with
Patna High Court Cr.Misc. No.45577 of 2017 (2) dt.03-10-2017 2/3 intention to kill, causing bleeding head injury and he fell down. Co-accused Nawal Singh also assaulted with lathi to informant and this petitioner snatched Rs. 1200/- and golden chain whereas co-accused Satyendra Sharma snatched wrist watch of the informant.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is a case and counter case between the parties. Injury on the part of the accused persons has not been explained by the prosecution. There is vast contradiction between the injury reports which are Annexures 2, 3 and 4 to the present application. On behalf of the learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Jehanabad, in
Patna High Court Cr.Misc. No.45577 of 2017 (2) dt.03-10-2017 3/3 connection with Ghoshi P.S. Case No. 100/2017, corresponding to G.R. No. 803/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T