Sunil Pandey @ Nakul Pandey @ Sunil Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57978 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -DARIHAT District- SASARAM (ROHTAS) ====================================================== Sunil Pandey @ Nakul Pandey @ Sunil Kumar Pandey son of Bhuwaneshwar Pandey resident of Mohalla - Chotka Mor, P.S. Sasaram, District Rohtas .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Thakur, Advocate Mr. Nilesh Kumar, Advocate For the State :

Smt. Sahin Begam, APP For the Informant :

Mr. S.N.P. Sinha, Senior Advocate Mr. Kumar Praveen, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner, learned APP for the State as well as learned senior counsel appearing on behalf of the informant.

Petitioner, already in custody, seeks bail in connection with Darihat P.S. Case No.16 of 2017 registered under Sections 302, 201 and 120(B)/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

The allegation in brief is that the dead body of the informant's father was found lying in a field. The informant suspects the hands of the petitioner due to land dispute and earlier threatening him.

Learned counsel for the petitioner submits that only

Patna High Court Cr.Misc. No.57978 of 2017 (2) dt.15-12-2017 2 /2 suspicion is raised except that there is no material against the petitioner. Moreover there is land dispute between both sides, who are agnates and one of the co-accused Jitesh Pandey @ Sonu Pandey has been admitted to bail by a coordinate Bench of this Court and the case of the petitioner stand on similar footing. Learned counsel appearing on behalf of the informant vehemently opposes the prayer of bail submitting that the petitioner is the main conspirator and he was seen along with the deceased.

Having considered the aforesaid facts and circumstances that only suspicion is raised against the petitioner along with the other accused who too has been admitted to bail, so petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas in connection with Darihat P.S. Case No.16 of 2017.

(Arun Kumar, J.) S.Kumar/- U T