Ganesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 12386 of 2019 Arising Out of PS. Case No.-659 Year-2018 Thana- Banka District- Banka ====================================================== Ganesh Pandit aged about 35 years Male Son of Jagdish Pandit Resident of Karhariya, P.S.- Banka, Distt. - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

13-06-2019 Heard Sri Manoj Kumar Pandey, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 30-09-2018, as stated in paragraph - 15 of the petition, in Banka P.S. Case No. 659 of 2018 registered for offence under Sections 302/34 of the Indian Penal Code, has prayed for grant of bail. Sri Manoj Kumar Pandey, learned counsel for the petitioner tried to persuade the Court that petitioner has falsely been implicated in the present case. He submits that on confession of one of the lady (accused) namely Ruby Devi, the petitioner's name has come and thereafter confessional statement of petitioner was also recorded. He further submits that save and except confession, there is nothing against the petitioner showing his complicity in the present case and as

Patna High Court CR. MISC. No.12386 of 2019(5) dt.13-06-2019 2/2 such, he has requested for grant of bail to the petitioner. Besides hearing, I have also perused the material on record.

Earlier, in this case, case diary was called for, which has been received and kept on record. I have also gone through the case diary, particularly in paragraph 27 (page 9-10), paragraph 35 (page 12-13) and paragraphs 27 & 28 (at page 14), there are specific materials showing involvement of the petitioner and during investigation, the complicity of the petitioner has been surfaced, since this petitioner was earlier having illicit relation with co-accused Ruby Devi, with whom deceased had also developed relationship, and this was the reason that the petitioner, conspiring with Ruby Devi, had eliminated the deceased, while he (deceased) was sleeping in the premises of a temple. The petitioner has also made confession leading to recovery of axe, through which, the son of informant was done to death. There is no reason for granting bail. The bail petition stands dismissed.

(Rakesh Kumar, J.) anay U T