Patna High CourtCR. MISC./3603/2016rejected

Govind Pandey @ Gohal Pandey v. The State Of Bihar

2016-04-01Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3603 of 2016 Arising Out of PS.Case No. -26 Year- 2006 Thana -KASHICHAK District- NAWADA ======================================================

1. Govind Pandey @ Gohal Pandey S/o Saryug Pandey R/o Chandinama, P.S.- Kashichak, Distt- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 120 (B)/34 of the I.P.C and section 27 of the Arms Act.

Allegedly, in the occurrence the petitioner gave Bhujali (Katta) blow on Janardan Pandey, the father of the informant, and when he raised alarm again the petitioner repeated the blow and thereafter Chamcham Pandey @ Chhuthu Pandey shot Jitender Kumar and both were declared dead at Nawada Sadar Hospital.

Submission is of false implication and that the occurrence has taken place admittedly due to the land dispute,

Patna High Court Cr.Misc. No.3603 of 2016 (3) dt.01-04-2016 2/2 there was no intention to commit murder, the occurrence was caused on the spur of the moment and as such the petitioner who is suffering in custody since 16.11.2014 deserves sympathetic consideration, to which the learned A.P.P. seriously opposes by submitting that the petitioner is the assailant. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with S.Tr. No. 158 of 2015/ 35 of 2015 arising out of Kashichak P.S. Case No. 26 of 2006 pending in the court of the Additional Sessions Judge-II, Nawada.

However, considering detention of the petitioner, let the trial be expedited and concluded within nine months. (Jitendra Mohan Sharma, J) Abhay/- U T