Pankaj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11815 of 2016 Arising Out of PS.Case No. -149 Year- 2015 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pankaj Pandey, Son of Late Abhay Panndey, resident of village- Bariyaria, P.S.- Sangrampur, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Pradeep Narain Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.

The petitioner seeks bail in connection with Sangrampur P.S. Case No. 149 of 2015 registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Allegedly, the petitioner and other co-accused started assaulting Israel Mian, the husband of the informant and the petitioner pierced sword in the abdomen of Israel Mian and twisted resulting Israel Mian fell down and then co-accused Arvind Pandey assaulted him with lathi.

Patna High Court Cr.Misc. No.11815 of 2016 (3) dt.03-05-2016 2/2 Submission is of false implication and that during post-mortem, intestine and stomach were found intact. Cause of death was not ascertained and opinion was kept reserved. The manner of occurrence as alleged by the informant is not true version and as such petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the petitioner is the assailant and injury has been found in lower abdomen caused by sharp weapon.

In the facts and circumstances stated above considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly his prayer stands rejected in connection with Sangrampur P.S. Case No. 149 of 2015.

However, considering the detention of the petitioner, let the trial be expedited and concluded within 9 months after receipt or production of the copy of this order. (Jitendra Mohan Sharma, J) Mishra/- U T