Ganga Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14026 of 2017 Arising Out of PS.Case No. -260 Year- 2016 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Ganga Pandit, son of Brahmdeo Pandit, resident of village Mohiuddinpur, P.S. Warisnagar, District Samastipur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Warisnagar P.S. (Mathurapur O.P.) P.S.Case No. 260 of 2016 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Allegation as per FIR is that some co-accused persons were running naked electrical wire in their field in order to save brinjal crops in the field and the deceased came in touch with the electric wire and he died and the dead body was found in the field of the petitioner.

It has been submitted on behalf of the petitioner that petitioner has nothing to do with the field in which electric wire was running. It has further been submitted that in the case diary it has come that dead body was concealed in the field of the petitioner and only on that basis suspicion has been raised against him and he is in custody since 21.11.2016.

Heard learned APP also, who has opposed the prayer for bail on the ground that dead body was found in the field of the

Patna High Court Cr.Misc. No.14026 of 2017 (4) dt.12-04-2017 2/2 petitioner.

Having heard both sides and considering the fact that there is only suspicion against the petitioner, as such, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur, in connection with Warisnagar P.S. (Mathurapur) Case No. 260 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U