Pankaj Kumar Sharma @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90731 of 2025 Arising Out of PS. Case No.-338 Year-2022 Thana- BANKA District- Banka ====================================================== Pankaj Kumar Sharma @ Pankaj Kumar Son of Umesh Sharma VillageRasaunk PS and District -Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandan Prasad, Adv.
For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-01-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Banka P.S. Case No. 338 of 2022, registered for the offences punishable under Sections 341, 342, 344, 323, 386, 387, 420 and 120(B)/34 of the Indian Penal Code and Section 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
3. The petitioner is said to be one of the member of the interview committee, who took interview of the informant and his friend, after realizing Rs. 16,000/- and further extracted Rs. 10,000/- for the purposes of lodging and further have been allowed to work as a sales representative. When the informant and others did not satisfy with the work and wanted to leave the
Patna High Court CR. MISC. No.90731 of 2025(2) dt.15-01-2026 2/3 job, the petitioner along with others have assaulted them and illegally tried to confine.
4. Learned Advocate for the petitioner taking this Court through the FIR contended that admittedly, the petitioner was called upon by his friend and after proper participation in interview, he was taken in the job. But since he was not interested in performing the duty, on instigation of some unscrupulous persons, the present FIR has been instituted against nine named accused persons, besides fifteen unknown persons. So far the allegation of causing assault or restraining the informant and others are concerned, the same is omnibus in nature. All the more, it is the admitted position that the amount has been realized for the purposes of extending lodging and fooding facilities, besides the cost of interview. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that prima facie it appears that the petitioner is a member of a syndicate, who used to exploit innocent persons by extracting money on the pretext of providing job.
6. Regard being had to the submissions made on
Patna High Court CR. MISC. No.90731 of 2025(2) dt.15-01-2026 3/3 behalf of the parties and considering the nature of accusation agaisnt the petitioner, as also the fact that the informant was allowed to work as a sales representative, after proper interview and he was not interested to perform the duty, besides the petitioner having absolutely fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 338 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) shivank/- U T