Prakash Panjiyara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6278 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- PANJWARA District- Banka ====================================================== Prakash Panjiyara Son Of Late Karu Panjiyara Resident Of Village Kachamachiya, Police Station Panjawara, District Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act. Later on section 302 of IPC was also added. As per the prosecution case, on the alleged date and time of occurrence, while the father informant Kedar Panjiyara and one Manoj Mandal were returning home after participating in a marriage ceremony, on their way, petitioner and other coaccused persons surrounded them and one of the co-accused Chhotu Mandal fired upon the father of informant causing gunshot injury and during course of treatment he died. It is submitted that specific accusation of firing is
Patna High Court CR. MISC. No.6278 of 2023(2) dt.13-04-2023 2/2 against co-accused Chhotu Mandal. So far as this petitioner and others are concerned, there is general allegation that they all instiagated the co-accused Chhotu Mandal and no specific overt act has been alleged against this petitioner. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Banka in connection with Panjawara P.S. Case No. 76 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T