Pankaj Paswan @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84799 of 2023 Arising Out of PS. Case No.-371 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Raja Paswan Son of Ashok Paswan R/o vill - Gobadda, P.S. - Haveli Kharagpur, Distt. - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4388 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Pankaj Paswan @ Pankaj Kumar Son Of Subodh Paswan Resident Of Village- Gobadda, P.S.- Haveli Kharagpur, District- Munger. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 84799 of 2023) For the Petitioner/s :
Mr. Rounak Kumar Singh Pankaj For the Opposite Party/s :
Mr. Zainul Abedin (In CRIMINAL MISCELLANEOUS No. 4388 of 2024) For the Petitioner/s :
Mr. Diwakar Sinha For the Opposite Party/s :
Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 At the outset, it is submitted by learned counsel for the petitioners that he seeks permission to withdraw this application against petitioner Raja Paswan.
2. Permission is accorded.
3. This application is dismissed as withdrawn against petitioner Raja Paswan.
Patna High Court CR. MISC. No.84799 of 2023(4) dt.26-04-2024 2/3
4. The petitioner is directed to surrender before learned court below and prays for regular bail and the same may be considered by the learned court below on its own merit.
5. As far as petitioner Pankaj Paswan is concerned, he prayed for anticipatory bail apprehending his arrest in connection with Kharagpur P.S. Case no. 371 of 2023 instituted for the offence under Sections 447, 341, 323, 34 of the Indian Penal Code and later on added sections 147, 149, 307, 302, 504 of the I.P.C.
6. As per allegation in the FIR, allegation against the petitioner along with others is to assault the informant's brother Jang Bahadur Singh due to which he sustained injuries and died during treatment.
7. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. From perusal of FIR, it appears that no specific overt-act of assaulting against the petitioner. Only general and omnibus allegation leveled against him.
8. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got one criminal antecedent.
Patna High Court CR. MISC. No.84799 of 2023(4) dt.26-04-2024 3/3
9. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner Pankaj Paswan is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Haveli Kharagpur P.S. Case no. 371 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Munger subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) amandeep/- U T