Tunna Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.939 of 2021 Arising Out of PS. Case No.-137 Year-2020 Thana- CHHAURADANO District- East Champaran ====================================================== Tunna Pandey Son of Laxmi Narayan Pandey Resident of Village - Sripur Tola Belwadih, P.S.- Chhauradano, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Chhauradano P.S. Case No.137 of 2020 registered for the offence punishable under Sections 302, 120B of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, son of the informant was taken away by two accused persons namely Pawan Kumar Pandey and Chunchun Pandey @ Chanchal Pandey on motorcycle. Informant followed them and found that his son was brought at the place of Shivchandra Pandey where this petitioner and others were present. As soon the informant reached there, he heard sound of firing and all accused persons

Patna High Court CR. MISC. No.939 of 2021(3) dt.05-04-2021 2/3 started fleeing away after injuring his son by fire arm on his left temple who died in due course.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent as he has not committed any offence as alleged in the FIR and has been falsely implicated in this case. The specific allegation is against Pawan Kumar Pandey and Chunchun Pandey @ Chanchal Pandey as the persons who came and took son of the informant with them. From perusal of the F.I.R., it appears that the suspicion has been raised against the petitioner but petitioner was not seen armed with any weapon at the place of occurrence. As per para-52 of the case diary, I.O. mentioned the confessional statement of Pawan Pandey who accepted his guilt and also accepted that on refusal of giving the money he shot Raja Babu Kumar (deceased). The post mortem report mentioned the cause of death due to shock and hemorrhage due to fire arm injury. There is no specific overtact leveled against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 12.06.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.939 of 2021(3) dt.05-04-2021 3/3 bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below in connection with Chhauradano P.S. Case No.137 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T