Shivnath Pandit And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52320 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Shivnath Pandit

2. Mithilesh Pandit @ Mithlesh Pandit, Both Sons of late Algu Pandit, R/o Haluar Tola, p.S. Sidhwalia, Dist. Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are accused in connection with Sidhwalia P.S. Case No. 66 of 2016 registered under sections 302/34 of the I.P.C. and 27 of the Arms Act pending in the Court of C.J.M., Gopalganj.

The accusation is that on the orders of petitioners and others, co-accused Mithu Dubey shot fired upon the mother of the informant, who fell down and became unconscious and during treatment, she died in the hospital.

Learned counsel appearing on behalf of the petitioner submits that petitioners and informant are pattidars and due to trivial dispute of land, they have been implicated in this case. It is

Patna High Court Cr.Misc. No.52320 of 2016 (3) dt.19-01-2017 2/2 also submitted that petitioners are in custody since 10.08.2016. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioners.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioners for bail. Accordingly, this application is rejected.

However, petitioners may renew their prayer for bail after framing of charge.

(Arvind Srivastava, J) Shail/- U T