Patna High CourtCR. MISC./51636/2017bail granted

Navneet Pandey v. The State Of Bihar

2017-12-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51636 of 2017 Arising Out of PS. Case No.-26 Year-2016 Thana- UDAKISHANGANJ District- Madhepura ====================================================== Navneet Pandey S/o Jai Prakash Pandey Resident of Village-Pandeypatti, P.S. Jadia, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. SRI UDAY CHAND PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Uda-Kishunganj P. S. Case No. 26 of 2016 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegedly, Raj Kumar Pandey the son of the informant was killed by his step brother Mukesh Kumar Pandey and others including the petitioner who is brother-in-law of Mukesh Kumar Pandey.

Submission is of false implication and that the informant is not the eye witness, in the case diary also no eye witness has come forward, besides suspicion there is nothing against the petitioner and others. Some of the witnesses have not named the

Patna High Court Cr.Misc. No.51636 of 2017(3) dt.15-12-2017 2/2 petitioner, sister of the petitioner has been allowed pre-arrest bail vide Cr. Misc. no. 13725 of 2017 by another co-ordinate Bench of this Court and as such the petitioner deserves sympathetic consideration.

Learned APP fairly submits that there is no eye witness to the occurrence and co-accused Nilu Devi has been allowed prearrest bail. In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., UdaKishunganj, Madhepura in connection with Uda-Kishunganj P. S. Case No. 26 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T