Kamta Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 29000 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- SIKARHATTA District- Bhojpur ====================================================== 1.

KAMTA PANDEY Son of Late Brij Mohan Pandey 2.

Salesh Kumar Pandey S/o Kamta Pandey R/o Village-Sikrol, P.S.-Sikrahta, District-Bhojpur. At/P residing at Pune, P.S.-Chatushrungi, Distt.-Pune.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioner apprehend their arrest in connection with Sikrahta P.S. Case No. 4/2020 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, on 01.02.2020 at about 10:30 in night when the informant was returning to his house with his father, six persons came on two motorcycles and petitioner No. 1 (Kamta Pandey) gave order to kill them upon which petitioner No. 2 (Salesh Kumar Pandey) and one Deepak opened fire resulting into the death of the father of the informant.

Patna High Court CR. MISC. No. 29000 of 2020(2) dt.02-12-2020 2/3 It is submitted on behalf of the petitioners that petitioners have been falsely implicated in this case due to old enmity and, in fact, two sons of the petitioner No. 1 have been killed by the informant's side. It is further submitted that the petitioners were not present at the place of occurrence and there is no eye-witness to the occurrence.

However, learned counsel for the State opposed this bail application and submitted that petitioner No. 1 is the order giver whereas there is specific allegation against petitioner No. 2 that he has opened fire which hit the head of the father of the informant causing death.

Considering the aforesaid facts and circumstances, the bail petition of petitioner No. 1 (Kamta Pandey) is allowed whereas the prayer for anticipatory bail of petitioner No. 2 (Salesh Kumar Pandey) is rejected.

Accordingly, let the petitioner No. 1, above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-8, Bhojpur at Ara in connection with Sikrahta P.S. Case No. 4 of 2020, subject to the conditions as laid down under

Patna High Court CR. MISC. No. 29000 of 2020(2) dt.02-12-2020 3/3 Section 438 (2) of the Cr.P.C.

(Prabhat Kumar Singh, J) Saif/- U T