Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81 of 2024 Arising Out of PS. Case No.-53 Year-2022 Thana- KAJRAILI District- Bhagalpur ====================================================== Pawan Kumar Singh S/o Navin Kumar Singh R/o Village-Rainiya, P.S. and District-Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md.Najmul Hodda, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 386, 34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioner, being fake officers, stopped the informant's truck and demanded Challan. When the driver of the truck refused to show the challan, petitioner and one Rakesh Singh forcefully snatched challan and Rs. 27,000/- from his possession and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no

Patna High Court CR. MISC. No.81 of 2024(2) dt.06-02-2024 2/3 offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is not a fake officer rather he is employee of Mahadev Enclave Pvt. Ltd. which is an authorized company dealing in sand business situated at Banka District. He is posted as an authorized person to make enquiry regarding sand vehicles. Similarly situated co-accused person has been granted anticipatory bail by this Court vide order dated 07.08.2023 in Cr. Misc. No. 53 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as similarly situated co-accused person has been granted anticipatory bail by this Court, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the

Patna High Court CR. MISC. No.81 of 2024(2) dt.06-02-2024 3/3 case is pending/successor Court in connection with Kajraili P.S. Case No. 53 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T