Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82321 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- SIKARHATTA District- Bhojpur ====================================================== Pintu Kumar Son of Umashankar Pandey Resident of Village-Sikraul, P.S.- Sikrahata, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar For the Opposite Party/s :
Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Sikarhatta Police Station Case No. 41 of 2024, dated 04.04.2024, disclosing offences under Sections 147/148/149/342/323/337/353/379/504/506 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report lodged by the Mines Inspector, Bhojpur, is that at about 05:15 AM on 04.04.2024, the informant along with police force, in order to prevent illegal mining and transportation, stopped six trucks near Piro-Bihta Road, loaded with sand, and started checking the challans and other documents, in the mean time, 40-50 miscreants,
Patna High Court CR. MISC. No.82321 of 2024(2) dt.06-12-2024 2/3 along with the petitioner, misbehaved with the informant and others and also assaulted them by means of bricks. lathi, danda, etc and freed the trucks from the custody of the Mines Department.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics at the behest of the Chowkidar. He further submits that the petitioner was not present on the alleged date at the place of occurrence. He further submits that similarly situated co-accused persons, namely, Gulshan Pandey, Biru Pandey and Nirala Pandey have been granted anticipatory bail by this Court vide Cr. Misc. No. 57670 of 2024 and Cr. Misc. No. 67580 of 2024.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.82321 of 2024(2) dt.06-12-2024 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IV, Bhojpur, in connection with Sikarahatta Police Station Case No. 41 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T