Pankaj Kumar @ Pua v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89034 of 2025 Arising Out of PS. Case No.-508 Year-2025 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.
Pankaj Kumar @ Pua S/O Arun Yadav @ Arun Kumar R/O VillageSahbajpur, PS- Kako, Dist- Jehanabad 2.
Robin Kumar @ Suraj Kumar S/O Indradeo Yadav @ Indradev Prasad R/O Village-Sitalgarh, PS-Alipur, Distt-Gaya Presently resident of VillageSahbajpur, PS- Kako, Dist- Jehanabad 3.
Baima Kumar @ Raushan Kumar S/O Aanandi Yadav R/O VillageSahbajpur, PS- Kako, Dist- Jehanabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kumar Saurabh S/O Rajdeo Prasad R/O Deokuli, PO-Sherthuya, PS-Kako, Distt-Jehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Ms. Pushpa Kumari, APP For the Informant :
Mr. Arvind Prasad Singh, Advocate Mr. Uttam Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-01-2026 Heard Mr. Ashok Kumar, learned counsel for the petitioners, Mr. Arvind Prasad Singh, learned counsel for the informant as well as Ms. Pushpa Kumari, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Makhdumpur (Tehta) P.S. Case No. 508 of 2025, F.I.R. dated 08.07.2025 for the offences punishable under Sections 191(2), 126(2), 115(2), 109 and 352 of the BNS, 2023.
3. According to prosecution case, all the accused
2/4 persons including these petitioners have assaulted to the informant and his sister and brother with an intention to kill them.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. Although the petitioners are named in the F.I.R but from perusal of the F.I.R it appears that there is no specific allegation of assault attributed against these petitioners rather there is general and omnibus allegation against all the accused persons including these petitioners.
5. Learned counsel for the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioners and submits that the petitioners are involved in the present crime in question and with the common intention they assaulted the informant and his family members.
6. Considering the aforesaid facts and circumstances that the petitioners have clean antecedent and there is no specific allegation of assault attributed against these petitioners,
3/4 let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be 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 the learned A.C.J.M, 1st, Jehanabad in connection with Makhdumpur (Tehta) P.S. Case No. 508 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T