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Patna High Court

Pankaj Kumar Sharma @ Pankaj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the petitioner is entitled to pre‑arrest bail, given his fair antecedent and the nature of the allegations.

Summary

The petitioner, Pankaj Kumar Sharma, was implicated in a police case (No.338 of 2022) alleging offences under several IPC sections (341, 342, 344, 323, 386, 387, 420, 120(B)/34) and Section 79 of the Juvenile Justice Act, 2015. He was said to be a member of an interview committee that took money from an informant and later, when the informant wanted to quit a sales‑representative job, the petitioner allegedly assaulted and tried to confine him. The petitioner applied for pre‑arrest bail, contending that he had a fair antecedent, that the FIR was omnibus and that the alleged assault was not proven. The State opposed, alleging the petitioner was part of a syndicate exploiting victims. The Court, after considering the nature of the accusations and the petitioner’s clean record, granted bail subject to a bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the serious offences alleged in the FIR.

Legislation cited

Subjects

  • pre‑arrest bail
  • criminal procedure
  • IPC offences
  • juvenile justice
  • syndicate exploitation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90731 of 2025
                        Arising Out of PS. Case No.-338 Year-2022 Thana- BANKA District- Banka
                 ======================================================
                 Pankaj Kumar Sharma @ Pankaj Kumar Son of Umesh Sharma Village-
                 Rasaunk PS and District -Khagaria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Nandan Prasad, Adv.
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Banka P.S. Case No. 338 of 2022, registered for the

                   offences punishable under Sections 341, 342, 344, 323, 386,

                   387, 420 and 120(B)/34 of the Indian Penal Code and Section

                   79 of the Juvenile Justice (Care and Protection of Children) Act,

                   2015.

                                3. The petitioner is said to be one of the member of

                   the interview committee, who took interview of the informant

                   and his friend, after realizing Rs. 16,000/- and further extracted

                   Rs. 10,000/- for the purposes of lodging and further have been

                   allowed to work as a sales representative. When the informant

                   and others did not satisfy with the work and wanted to leave the
Patna High Court CR. MISC. No.90731 of 2025(2) dt.15-01-2026
                                            2/3




          job, the petitioner along with others have assaulted them and

          illegally tried to confine.

                       4. Learned Advocate for the petitioner taking this

          Court through the FIR contended that admittedly, the petitioner

          was called upon by his friend and after proper participation in

          interview, he was taken in the job. But since he was not

          interested in performing the duty, on instigation of some

          unscrupulous persons, the present FIR has been instituted

          against nine named accused persons, besides fifteen unknown

          persons. So far the allegation of causing assault or restraining

          the informant and others are concerned, the same is omnibus in

          nature. All the more, it is the admitted position that the amount

          has been realized for the purposes of extending lodging and

          fooding facilities, besides the cost of interview. The petitioner

          bears fair antecedent and he undertakes that he will fully co-

          operate in the proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that prima

          facie it appears that the petitioner is a member of a syndicate,

          who used to exploit innocent persons by extracting money on

          the pretext of providing job.

                       6. Regard being had to the submissions made on
            Patna High Court CR. MISC. No.90731 of 2025(2) dt.15-01-2026
                                                        3/3




                      behalf of the parties and considering the nature of accusation

                      agaisnt the petitioner, as also the fact that the informant was

                      allowed to work as a sales representative, after proper interview

                      and he was not interested to perform the duty, besides the

                      petitioner having absolutely fair antecedent, let the petitioner

                      above named be released on bail, in the event of his arrest or

                      surrender before the court below within a period of four weeks

                      from the date of receipt/production of a copy of this order, upon

                      furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Chief Judicial Magistrate, Banka in connection with Banka P.S.

                      Case No. 338 of 2022, subject to the conditions laid down in

                      Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023

                      with the further condition that one of the bailors shall be the

                      own/close family members of the petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T


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