Allowed

Pankaj Kumar Yadav @ Pankaj Kumar v. The State of Bihar

Patna HC1 Aug 2022CR. MISC./2046/2022

Case brief

AI extract

What is this about?

This anticipatory bail application arose from a PS. case involving alleged assault and injury to the informant. The court considered an admitted land dispute and simple nature of injuries before allowing bail.

What did the court decide?

Release of petitioners on bail on arrest or surrender within six weeks on furnishing a bail bond of Rs. 25,000/- each with two sureties under Section 438(2) Cr.P.C.

Pankaj Kumar Yadav @ Pankaj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2046 of 2022

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Arising Out of PS. Case No.-359 Year-2020 Thana- ARA MUFFSIL District- Bhojpur

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======================================================

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1. PANKAJ KUMAR YADAV @ PANKAJ KUMAR S/o Ayodhya Yadav Resident of Village - Chitrasenpur, P.S. - Ara Muffasil, District - Bhojpur.

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Harishankar Yadav @ Hari Shankar @ Bitu Yadav S/o Surendra Yadav Resident of Village - Chitrasenpur, P.S. - Ara Muffasil, District - Bhojpur.

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Pradeep Yadav @ Pradeep Kumar S/o Surendra Yadav Resident of Village - Chitrasenpur, P.S. - Ara Muffasil, District - Bhojpur.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the petitioners/s : Mr. Surendra Mishra, Adv For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 01-08-2022

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Heard learned counsel for the parties and learned APP for the State.

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Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

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The petitioners apprehend their arrest in a case registered for the offence punishable under section 147, 148, 149, 307, 448, 427, 504. 506 and 380 of the Indian Penal Code.

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Allegedly, the petitioners entered the house of the informant and instigated other accused persons to loot articles

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Patna High Court CR. MISC. No.2046 of 2022(3) dt.01-08-2022 2/3

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from his house. On protest the petitioners assaulted the informant and his wife with iron rod due to which they sustained injuries.

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It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to enmity and grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is no even a single independent witness who supported the prosecution case. There is an admitted land dispute between the parties. The injuries are simple in nature. Petitioners have three criminal antecedent, mentioned in para-3 of the bail application.

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

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Having regard to the facts and circumstances of the case , since there is an admitted land dispute between the parties and the injuries are simple in nature, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like

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Patna High Court CR. MISC. No.2046 of 2022(3) dt.01-08-2022 3/3

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amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Ara Muffasil P.S. Case No. 359 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Pankaj Kumar Yadav @ Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar Yadav @ Pankaj Kumar v. The State of Bihar

Case brief

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