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Pankaj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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Patna HC
2024
Pankaj Kumar Vs The State of BiharPankaj Kumar v. The State of Bihar

Allowed¶21

Pankaj Kumar v. The State of Bihar

Patna HC16 Jan 2024CR. MISC./78509/2023

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail order dated 16-01-2024 in CR. MISC. No.78509 of 2023; petitioner Pankaj Kumar s/o Rambabu Rai @ Rambabu Ray vs State of Bihar; arises out of Raghopur (Rustampur O.P.) P.S. Case No. 197 of 2023 dated 17.08.2023, Thana RAGHOPUR, District Vaishali; offences under IPC Sections 341, 323, 324, 379, 353, 504, 506, 34 (assault on informant filming overloaded boat); bail bond Rs. 20,000/- with two like sureties before J.M.- 1st Class, Vaishali at Hajipur; conditions under Section 438(2) CrPC; Coram: Hon'ble Mr. Justice Chandra Prakash Singh; advocates: Pranav Kumar, Rajeev Ranjan No. II (petitioners), Parmanand Kumar APP (State).

What did the court decide?

Anticipatory bail granted: petitioner to be enlarged on bail, if arrested/surrendering within six weeks, on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, J.M.- 1st Class, Vaishali at Hajipur, subject to conditions under section 438(2) CrPC.

Why is it important?

Considering the facts, circumstances and nature of allegations, the petitioner, in the event of his arrest or surrender within six weeks, is to be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, J.M.- 1st Class, Vaishali at Hajipur, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. ¶19

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail, if arrested/surrendering within six weeks, on furnishing bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, J.M.- 1st Class, Vaishali at Hajipur, subject to conditions under section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in Raghopur (Rustampur O.P.) P.S. Case No. 197 of 2023, should be granted anticipatory bail.

Ratio / Principle

Considering the facts, circumstances and nature of allegations, the petitioner, in the event of his arrest or surrender within six weeks, is to be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, J.M.- 1st Class, Vaishali at Hajipur, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Chandra Prakash Singh, J., order dated 16-01-2024) in Criminal Miscellaneous No.78509 of 2023 arising out of Raghopur (Rustampur O.P.) P.S. Case No. 197 of 2023 dated 17.08.2023, District Vaishali, registered under Sections 341, 323, 324, 379, 353, 504, 506 and 34 IPC, alleging that the petitioner, with 4-5 unknown persons, abused an informant who had filmed an overloaded boat, assaulted him on the head and tore his uniform. Counsel for the petitioner contended false implication, naming on suspicion, general and omnibus allegations, and no criminal antecedent. The Court directed that the petitioner, if arrested or surrendering within six weeks, be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- with two like sureties to the satisfaction of the court concerned, J.M.- 1st Class, Vaishali at Hajipur, subject to the conditions under section 438(2) CrPC. Application allowed.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78509 of 2023

Arising Out of PS. Case No.-197 Year-2023 Thana- RAGHOPUR District- Vaishali

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

Pankaj Kumar son of Rambabu Rai @ Rambabu Ray Village- Bahrampur PsRaghopur Rustampur OP Dist- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pranav Kumar, Adv. Mr. Rajeev Ranjan No. II, Adv. For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 16-01-2024

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

2 . The petitioner is apprehending his arrest in a case in connection with Raghopur (Rustampur O.P.) P.S. Case No. 197 of 2023 dated 17.08.2023 registered for the offence/s punishable u/s 341, 323, 324, 379, 353, 504, 506 and 34 of the Indian Penal Code.

3 . As per the prosecution case, the informant on duty, saw an overloaded boat and made video of the same to send to his senior officer. In the meantime, the petitioner along with 4-5 unknown persons abused the informant and assaulted on his head and tore his uniform.

4 . Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.78509 of 2023(2) dt.16-01-2024 2/2

that the petitioner has falsely been implicated in this case. The petitioner is named in the FIR. The name of the petitioner has sprung up in this case on suspicion made by the informant. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5 . Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, J.M.- 1^st Class, Vaishali at Hajipur in connection with Raghopur (Rustampur O.P.) P.S. Case No. 197 of 2023 subject to conditions as laid

down under section 438(2) of the Code of Criminal Procedure.

7 . The application stands allowed.

(Chandra Prakash Singh, J)

sadique/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, apprehending arrest in Raghopur (Rustampur O.P.) P.S. Case No. 197 of 2023, should be granted anticipatory bail.¶13

Statutes considered

9 provisions across 2 enactments

AI extract

Indian Penal Code341¶13 323¶13 324¶13 379¶13 353¶13 504¶13 506¶13 34¶13
Code of Criminal Procedure438(2)¶20

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR registered at Raghopur (Rustampur O.P.) P.S., District Vaishali, being Case No. 197 of 2023 dated 17.08.2023, for offences punishable under Sections 341, 323, 324, 379, 353, 504, 506 and 34 of the Indian Penal Code.¶13
Prior proceeding
Prosecution allegation: informant on duty filmed an overloaded boat; petitioner along with 4-5 unknown persons allegedly abused the informant, assaulted him on the head and tore his uniform.¶14

Parties & counsel

AI extract

petitioner
Pankaj Kumar son of Rambabu Rai @ Rambabu Ray¶4
Mr. Pranav Kumar, Adv., Mr. Rajeev Ranjan No. II, Adv.
respondent
The State of Bihar¶7
Mr. Parmanand Kumar, APP

Coram

AI extract

Chandra Prakash Singhauthor¶8

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 16 Jan 2024 · January
Registered: 28 Nov 2023
Case no.: CR. MISC./78509/2023
CNR: BRHC011053072023
Topic: Anticipatory Bail
Bench: Chandra Prakash Singh
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Pankaj Kumar v. The State of Bihar, CR. MISC./78509/2023 (PAT), decided on 16 January 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes9

Indian Penal Code341 · 323 · 324 · 379 · 353 · 504 · 506 · 34
Code of Criminal Procedure438(2)

View all statutes

Procedural history2

FIR registered at Raghopur (Rustampur O.P.) P.S., District Vaishali, being Case No. 197 of 2023 dated 17.08.2023, for offences punishable under Sections 341, 323, 324, 379, 353, 504, 506 and 34 of the Indian Penal Code.
Prosecution allegation: informant on duty filmed an overloaded boat; petitioner along with 4-5 unknown persons allegedly abused the informant, assaulted him on the head and tore his uniform.

View full history

Bench / Coram

Chandra Prakash Singh

Parties & counsel