Patna High CourtCR. MISC./34146/2024dismissed

Yogendra Pandit v. The State Of Bihar

2025-01-21Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34146 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Yogendra Pandit Son of Late Gokhula Pandit Resident of Village- Bhitbherba (Banjari), P.S.- Gopalganj Town, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi Mr.Satya Ranjan Sinha For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Gopalganj Town P.S. Case No. 35/2024 registered for the offence punishable under Sections 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. In the F.I.R., six persons are named who have participated in the killing of the deceased. Mukesh Kushwaha and Rajpal Kushwaha are the assailant of the deceased. They have shot at the head of the deceased.

4. Learned counsel for the petitioner submits that there is no allegation of any overact against the petitioner though the petitioner is named in the F.I.R. The petitioner is in jail since 29.02.2024 and he deserves bail.

Patna High Court CR. MISC. No.34146 of 2024(8) dt.21-01-2025 2/2

5. Learned Additional Public Prosecutor has taken this Court through the case diary in which it has come that it is petitioner who had given the contract for killing the deceased and he had arranged the person to identify the deceased i.e. he is a part of the conspiracy and the murder has been committed at the instance of the petitioner. The petitioner is also accused in 18 serious cases.

6. Considering the fact that the petitioner is a part of the conspiracy of contract killing and has initiated the crime by arranging the person to identify the deceased who has been subsequently killed by the assailants namely Mukesh Kushwaha and Rajpal Kushwaha, I am not inclined to grant bail to the petitioner. It is accordingly dismissed.

7. The trial Court is directed to expedite the trial. (Sandeep Kumar, J) Saif/- U T