Disposed

Pankaj Kumar @ Pankaj Rai v. The State of Bihar

Patna HC4 May 2023CR. MISC./2173/2023

Case brief

AI extract

What is this about?

Four petitioners sought anticipatory bail fearing arrest in a Vaishali case involving allegations against co-accused of robbery and assault under multiple IPC sections. Counsel argued omnibus allegations and counterblast to an earlier complaint. The court, noting no specific overt act by petitioners, granted anticipatory bail subject to Section 438(2) CrPC conditions.

What did the court decide?

Petitioners permitted release on anticipatory bail upon arrest/surrender within six weeks, furnishing bail bonds of Rs.25,000 each with two sureties of like amount, subject to Section 438(2) CrPC cond

Pankaj Kumar @ Pankaj Rai Vs The State of Bihar — Quashing and FIR | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2173 of 2023

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Arising Out of PS. Case No.-176 Year-2022 Thana- BHAGWANPUR District- Vaishali

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

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PANKAJ KUMAR @ PANKAJ RAI Son of Late Bhola Rai R/v- Kiratpur, Rajaram Police Station- Bhagwanpur, District- Vaishali

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MITHLESH RAI Son of Upendra Rai R/v- Kiratpur, Rajaram Police Station- Bhagwanpur, District- Vaishali

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VIKASH KUMAR @ VIKASH KUMAR RAI Son of Late Bhola Rai R/vKiratpur, Rajaram Police Station- Bhagwanpur, District- Vaishali

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UPENDRA RAI Son of Late Hari Narayan Rai R/v- Kiratpur, Rajaram Police Station- Bhagwanpur, District- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party

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

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Appearance :

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For the Petitioner/s : Mr.Rakesh Prabhat For the Opposite Party/s : Mr.Rabindra Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 04-05-2023

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 342, 147, 148, 149, 323, 324, 325, 307, 379, 354(B), 427, 504 and 506 of the Indian Penal Code pending in the learned court below.

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As per the prosecution case, there is specific allegation of breaking the glass of Scorpio vehicle and taken away ornaments and other articles including Rs.20,000/- has been alleged against co-accused Sambhu Rai, Uma Rai and Raju Rai.

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Patna High Court CR. MISC. No.2173 of 2023(2) dt.04-05-2023 2/3

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Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that there is specific overt act against the co-accused Rahul Kumar. He submits that co-accused Sambhu Rai filed Bhagwanpur P.S. Case No.168/2022 under Section 302/34, 341, 447, 504 of the Indian Penal Code against the sons of the informant and others and the present case is nothing but counterblast of the Bhagwanpur P.S. Case No.168/2022. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

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Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is

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Patna High Court CR. MISC. No.2173 of 2023(2) dt.04-05-2023 3/3

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pending/Successor court, in connection with Bhagwanpur P.S. Case No.176/2022, subject to the condition as laid down under

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Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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ajay/-

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U T

Pankaj Kumar @ Pankaj Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar @ Pankaj Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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