Patna High Court - Orders
Pankaj Tiwary @ Pankaj Tiwari @ Pankaj ... vs The State Of Bihar on 8 August, 2019
Author: Prakash Chandra Jaiswal
Bench: Prakash Chandra Jaiswal
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29317 of 2019
Arising Out of PS. Case No.-474 Year-2018 Thana- BIKRAMGANJ District- Rohtas
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1. LADDU SINGH @ LADU SINGH Son of Harendra Sadhu @ Harendra @
Harendra Singh Resident of Village - Dhava, P.S.- Bikramganj, Dist.- Rohtas
(Sasaram).
2. Basuki @ Baski Son of Late Binod Singh @ Vinod Singh Resident of
Village - Dharupur, P.S.- Bikramganj, Dist.- Rohtas (Sasaram).
3. Himanshu Yadav @ Himamshu Yadav Son of Rajeshwar Yadav @
Rajeshwar Singh Resident of Village - Nasriganj, P.S.- Bikramganj, Dist.-
Rohtas (Sasaram).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 16516 of 2019
Arising Out of PS. Case No.-474 Year-2018 Thana- BIKRAMGANJ District- Rohtas
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1. DIGU @ DINGU Son of Ashok Singh Resident of Village- Dharupur, P.S.-
Bikramganj, District- Rohtas (Sasaram).
2. Dimple Son of Ashok Singh Resident of Village- Dharupur, P.S.-
Bikramganj, District- Rohtas (Sasaram).
3. Dhanjit Singh @ Dhanji Singh S/o Late Butan Singh Resident of Village-
Dharupur, P.S.- Bikramganj, District- Rohtas (Sasaram).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 48325 of 2019
Arising Out of PS. Case No.-474 Year-2018 Thana- BIKRAMGANJ District- Rohtas
======================================================
PANKAJ TIWARY @ PANKAJ TIWARI @ PANKAJ KUMAR PANDEY
Son of Akhileshwar Pandey Resident of Village - Dharupur, P.S. -
Bikramganj, District - Rohtas (Sasaram).
... ... Petitioner/s
Versus
The State of Bihar
Patna High Court CR. MISC. No.29317 of 2019(4) dt.08-08-2019
2/4
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 29317 of 2019)
For the Petitioner/s : Mr.Manish Kumar No 13, Advocate.
Mr. Rohit Kumar, Advocate.
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP.
(In CRIMINAL MISCELLANEOUS No. 16516 of 2019)
For the Petitioner/s : Mr.Mani Kant Mishra, Advocate.
For the Opposite Party/s : Mr.Ram Anurag Singh, APP.
(In CRIMINAL MISCELLANEOUS No. 48325 of 2019)
For the Petitioner/s : Mr.Manish Kumar No 13, Advocate.
Mr. Rohit Kumar, Advocate.
For the Opposite Party/s : Mr.Zainul Abedin, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
JAISWAL
ORAL ORDER
4 08-08-2019As aforesaid three bail petitions have cropped up from the same P.S. case, hence aforesaid bail petitions are being heard together and disposed of by this common order.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered under Sections 364, 365, 368, 382, 120B/34, 323 and 307 of the Indian Penal Code.
On call of cousin of the informant namely Bharti when the informant arrived at Tenduni chowk, nine named accused persons and some unknown miscreants kidnapped him by Maruti Swift and motorcycle and took him at the brick kiln where 10-15 persons were already present. All the accused persons assaulted him and asked about Nithish and Vishal. Patna High Court CR. MISC. No.29317 of 2019(4) dt.08-08-2019 3/4 They snatched his cash of Rs.5600/- and a mobile. In the meantime, police jeep arrived there and the accused persons fled away leaving the informant.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. As a matter of fact, co-accused Pahari @ Amrit @ Sudhanshu Ranjan has lodge Vikramganj P.S. Case No. 138 of 2018 against Nitish for resorting firing upon him and in order to mount pressure upon the petitioners and to get the aforesaid case compromised, the informant has lodged this false and frivolous case against the petitioners. All the accused persons are of same family and friend. Injury sustained by the informant is simple in nature. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no eye witness of the case in the case diary. Parties have entered into compromise. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Patna High Court CR. MISC. No.29317 of 2019(4) dt.08-08-2019 4/4 of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bikramganj in connection with Bikramganj P.S. Case No. 474 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) mantreshwar/-
U T