Umesh Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40513 of 2020 Arising Out of PS. Case No.-90 Year-2019 Thana- SUIYA District- Banka ====================================================== Umesh Pandit Aged About 40 Years S/O Chhabu Pandit @ Yogendra Pandit R/O Village- Lorhiya, P.S.- Belhar, District- Banka ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Brij Nandad Prasad, Advocate For the Opposite Party :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The petitioner apprehends his arrest in Suiya P.S. Case No. 90 of 2019 registered for the offence under Sections 302/201/34 of the Indian Penal Code.
As per the prosecution case, the informant, who is Choukidar, has found the dead-body of unknown woman aged about 32 years in a bush and FIR has been registered against unknown.
It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. and his name has transpired only on the basis of confessional statement of apprehended accused namely Tun Tun Pandit and save & except this, no incriminating article has been recovered against the petitioner. The petitioner has no
Patna High Court CR. MISC. No.40513 of 2020(2) dt.09-02-2021 2/2 criminal antecedent. Charge sheet has already been submitted. Similarly situated co-accused Sunil Pandit has already been allowed bail by this Court vide order dated 1.7.2020, passed in Cr.Mis.No. 11679/2020. Petitioner is in custody since 6.2.2020. Considering the aforesaid facts and circumstances, the bail application is allowed. In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 1st , Banka in connection with Suiya P.S. Case No. 90 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Singh, J) Shashi U T