Patna High CourtCR. MISC./14957/2020dismissed

Pankaj Tiwari v. The State Of Bihar

2020-06-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14957 of 2020 Arising Out of PS. Case No.-73 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== PANKAJ TIWARI S/o Ashok Tiwari R/o village- Matuk Chhapra, P.S.- Pachrukhi (Saray O.P.), District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State. The petitioner seeks bail in Pachrukhi (Saray OP) P.S. Case No. 73 of 2019, registered for the offence punishable under Sections 341, 323, 307, 302 and 34 of the Indian Penal Code.

It is alleged that this petitioner along with five others committed murder of informant's brother by means of knife. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case merely on suspicion. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.14957 of 2020(3) dt.03-06-2020 2/2 petitioner. The allegation is vague. There is no specific allegation against this petitioner. From the postmortem report, it appears that doctor has found three injuries on the person of deceased. Petitioner is in custody since 15.10.2019 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail and submitted that postmortem report also supports the prosecution case.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T