Shivam Pankaj @ Bunty @ Bunty Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80024 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- NADI P.S. District- Patna ====================================================== 1.

Shivam Pankaj @ Bunty @ Bunty Kumar S/O Umesh Roy Resident of Village- Jethuli, Kachi Dargha, Maharajganj, Patna City, P.S- Nadi, DistrictPatna 2.

Sourabh Kumar @ Saurav Raj S/O Umesh Roy Resident of Village- Jethuli, Kachi Dargha, Maharajganj, Patna City, P.S- Nadi, District- Patna 3.

Shubham Kumar @ Shubham Pankaj S/O Umesh Roy Resident of VillageJethuli, Kachi Dargha, Maharajganj, Patna City, P.S- Nadi, District- Patna 4.

Anirudh Kumar @ Anurodh Kumar S/O Mahendra Prasad R/O VillageSoudagar Kothi, P.S- Fatuha, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vatsal Verma, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 342, 323, 307, 504, 506 of IPC and 27 of Arms Act.

3.

Allegedly, all the FIR named accused persons including the petitioners along with 100-150 unknown persons are said to have fired upon the informant and her family members. 4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.80024 of 2024(2) dt.17-01-2025 2/3 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that for the same occurrence, two FIRs were lodged against the petitioners, one by the police and another by the private person. The present case is filed by the private person. Both the parties are agnates and there is some land dispute between them. The allegation leveled against the petitioners are not specific rather general and omnibus in nature. Similarly situated co-accused persons have been granted anticipatory bail by this Court vide order dated 10.01.2025 passed in Cr. Misc. No. 71032 of 2024. Petitioner no. 1 has three criminal antecedent, petitioner no. 2 has two criminal antecedent and petitioner nos. 3 and 4 has one criminal antecedent as mentioned in para 3 of the bail application. 5.

Learned APP for the State opposed the prayer for bail by submitting that the petitioners threatened the informant's side/witnesses of Nadi P.S. Case No. 76 of 2023 that if anyone goes to the Court for deposition, they will commit his murder. 6.

Having regard to the facts and circumstances of the case, and the fact that there is some land dispute between the parties, let the above named petitioners, be released on bail, in the event

Patna High Court CR. MISC. No.80024 of 2024(2) dt.17-01-2025 3/3 of their 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) each 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 Nadi P.S. Case No.185 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) priyanka/- U T