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2025 DAILYLAW 70869 (PAT)

Pankaj Kumar v. The State of Bihar

CR. MISC./77375/2024 · 2025-03-19

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77375 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== 1. Pankaj Kumar Son of Birendra Kumar Prasad @ Munnu Yadav Resident of Village - Naudiha Khurd, Sultanpur, P.S.- Mufassil, District - Gaya 2. Birendra Kumar Prasad @ Munnu Yadav Son of Hari Prasad Resident of Village - Naudiha Khurd, Sultanpur, P.S.- Mufassil, District - Gaya 3. Suresh Yadav Son of Hari Prasad Resident of Village - Naudiha Khurd, Sultanpur, P.S.- Mufassil, District - Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Syed Asgher Najmi, Advocate For the State : Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 19-03-2025 Heard learned counsels for the parties. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 354, 504, 379 and 34 of the Indian Penal Code wherein cognizance has been taken for the offence punishable under Sections 341, 323, 308, 504, 379, 506 and 34 of the Indian Penal Code. 3. As per prosecution case, on the alleged date and time of occurrence, all the accused persons named in the F.I.R., including these petitioners, assaulted informant and her family members. Patna High Court CR. MISC. No.77375 of 2024(3) dt.19-03-2025 2/3 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have committed no offence. As a matter of fact, both parties are close door neighbors and due to dispute over cleaning of drainage, a simple maar-peet took place between the parties in which both sides sustained injuries. Allegation of assault is general and omnibus and there is no specific accusation of overt act against these petitioners. It is further submitted that doctor has found the injuries, allegedly caused by these petitioners, to be simple in nature. Petitioner Nos. 2 and 3 have got no criminal antecedents and Petitioner No. 1 has got one criminal antecedent in which he is already on bail. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the aforesaid facts and circumstances, general and omnibus nature of accusation and nature of injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. Patna High Court CR. MISC. No.77375 of 2024(3) dt.19-03-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Gaya in connection with Wazirganj P.S. Case No. 55 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. shashank/- (Prabhat Kumar Singh, J) U T