Muneshwar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 32204 of 2019 Arising Out of PS. Case No.-151 Year-2016 Thana- PAKRIDAYAL District- East Champaran ====================================================== MUNESHWAR PANDIT Son of Jailal Pandit Resident of Village - Thikaha Bankat, P.s.- Pakaridyal, Dist.- East Champaran. ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party :

Mr.Binod Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302,34 and 120B of the Indian Penal Code and 27 of the Arms Act. Informant has apprehended that the petitioner along with other accused persons might have killed his son who on the fateful date had gone to the District Transport Office, Motihari but he never returned.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on suspicion as wives of the informant and the petitioner had contested panchayat election against each other which ensued enmity between them. Further, the deceased was accused in murder of one Rajeshwar Pandit, as such, involvement of some other

Patna High Court CR. MISC. No. 32204 of 2019(3) dt.24-07-2019 2/2 person in the instant crime cannot be denied. Similarly situated co-accused Harendra Pandit has already been allowed bail by this Court vide order dated 20.12.2017, passed in Cr.Mis.No. 54186 of 2017. Except one case mentioned in paragraph 3 of the bail petition in which petitioner is on bail, he is not involved in any other case.

Considering the facts of the case, let the petitioner above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, East Champaran at Motihari in Pakaridyal Police Station Case No. 151 of 2016, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T