Asthama Panjiyara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8464 of 2022 Arising Out of PS. Case No.-359 Year-2015 Thana- AMARPUR District- Banka ====================================================== ASTHAMA PANJIYARA SON OF PRAKASH PANJIYARA R/O VILLAGE- NAGARDIH, P.S.- FULLIDUMAR, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks bail in connection with Amarpur P.S. Case No. 359 of 2015 for offences punishable under Sections 147, 148, 149, 341, 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that while he was taking his grand father Mahendra Panjiyara for deposing as witness, 12 persons in four motorcycles intercepted and one Papu hit his grand father on the temple and one Dhananjay Panjiyara hit on the chest by pistol, causing his death.

It has been submitted by the learned counsel for the petitioner that he is innocent and no overt act has been

Patna High Court CR. MISC. No.8464 of 2022(2) dt.11-04-2022 2/2 alleged against him. He submits that main assailants are two other named in the F.I.R. and the postmortem report also specifies only two injuries. He submits that charge-sheet has already been submitted. Petitioner is in custody since 7.12.2021. Similarly situated co-accused have already been allowed bail by different benches of this Court vide paragraph 11 of the bail petition.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, 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 Chief Judicial Magistrate, Banka in Amarpur Police Station Case No. 359 of 2015.

(Prabhat Kumar Singh, J) Shashi U T