Bishnu Panjiyara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29524 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- PANJWARA District- Banka ====================================================== Bishnu Panjiyara Son Of Late Madhusudan Panjiyara @ Late Masudin Panjiyara Resident Of Village Kachamachiya, Police Station Panjawara,District-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Panjwara P.S. Case No. 76 of 2022 registered for the offence under Section Sections 341, 323, 504, 307/34 and subsequently Section 302 of the Indian Penal Code added and Section 27 of the Arms Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 14.11.2022.

4. The allegation against the petitioner is to commit murder of father of informant alongwith named co-accused persons by causing firearm injuries, where occurrence arises out of local disputes and differences.

Patna High Court CR. MISC. No.29524 of 2023(3) dt.11-08-2023 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated with present case out of local disputes and differences. It is also submitted that the specific allegation as to cause fatal firearm injuries is available against co-accused Chhotu Mandal, whereas the allegation against this petitioner appears to be a part of mob only, without having any active participation. While concluding the argument, it has been submitted that petitioner found involved in two more criminal cases, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above and by taking note of the fact as allegation as to cause fatal firearm injuries is not available against this petitioner, rather same is available against co-accused Chhotu Mandal coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 14.11.2022, accordingly, above named petitioner is directed to be released on bail in connection with Panjawara P.S. Case No. 76 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand

Patna High Court CR. MISC. No.29524 of 2023(3) dt.11-08-2023 3/3 only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Banka/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T