Pancham @ Pawan @ Pancham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20167 of 2020 Arising Out of PS. Case No.-332 Year-2018 Thana- RUPASPUR District- Patna ====================================================== PANCHAM @ PAWAN @ PANCHAM KUMAR Son of Bijendra Ray @ Birendra Yadav @ Bijendra Yadav Resident of Village - Saguna Khaira Kuan Gandhi Murti, P.S.- Danapur, District - Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kant Kumar, Adv For the Opposite Party/s :

Mr. R.B. Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Section 302/34 of the I.P.C. and Section 27 of the Arms Act.

Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 2845 of 2020 which was dismissed on 25.02.2020.

Allegation against petitioner and other co-accused is of killing the grandson of informant.

Patna High Court CR. MISC. No.20167 of 2020(2) dt.22-06-2020 2/3 It has been submitted on behalf of petitioner that petitioner is not named in the FIR. His name has surfaced in this case only on the basis of confessional statement of co-accused and suspicion. There is no eye witness of the occurrence. Similarly placed co-accused persons have been granted anticipatory bail and regular bail by a co-ordinate Bench of this Court as contained in Anneuxre- 3. Petitioner is in custody since 11.11.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Rupaspur P.S. Case No. 332 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will

Patna High Court CR. MISC. No.20167 of 2020(2) dt.22-06-2020 3/3 be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajivU T