Aman Panjiyar @ Aman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51119 of 2016 Arising Out of PS.Case No. -130 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Aman Panjiyar @ Aman, Son of Ranjit Panjiyar @ Ranjit Yadav, Resident of Village- Ghoghsam, P.S.- Bakhtiyarpur, District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Amarnath Jha, Advocate For the Opposite Party : Mr. Harendra Prasad (APP) ================================================ CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is languishing in judicial custody since 24.09.2016 in connection with Saharsa Sadar P.S. Case No. 130 of 2015 for offence punishable under Section 307/34 of the Indian Penal code and under Section 27 of the Arms Act. The prosecution case is that the petitioner along with other accused persons fired on the informant and his cousin brother.

It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated due to some dispute. He further submits that the only allegation is of

Patna High Court Cr.Misc. No.51119 of 2016 (2) dt.29-11-2016 2/2 firing which did not cause injury to the victim as the main allegation is upon Amit Yadav @ Sonu Yadav. He further submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. It has further been submitted that another co-accused on similar allegation has been granted the privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 16791 of 2016 on 23.05.2016. However, learned APP for the State submits that the petitioner is named in the First Information Report and also submits that petitioner does not have clean antecedent as he is involved in one more case, hence, opposes the prayer for bail.

Considering the materials available and considering the fact that the charge-sheet has already been submitted and other co-accused has been granted the privilege of bail, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Saharsa, in connection with Saharsa Sadar P.S. Case No. 130 of 2015 (G.R. No. 446 of 2015).

(Nilu Agrawal, J.) ravi/- U T