Gauri Shankar Pandey @ Kittu Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.561 of 2021 Arising Out of PS. Case No.-637 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== GAURI SHANKAR PANDEY @ KITTU PANDEY S/o Late Munni Pandey R/o Newatapur, P.S. - Bodh Gaya, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-05-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 324, 326, 307, 302 of the Indian Penal Code.
The allegation against the petitioner is that the petitioner, along with his wife and other accused persons pulled the father of the informant on ground and other accused persons assaulted him by means of knife, leading to the death of the father of the informant.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution
Patna High Court CR. MISC. No.561 of 2021(5) dt.24-05-2021 2/2 witnesses by the petitioner. He submits that the petitioner has no criminal antecedent and allegation is general and omnibus of assault. He further submits that petitioner is languishing in judicial custody since 12.01.2020.
Considering the fact that petitioner is the main assailant in the present case, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with G.R. No. 7349 of 2017 arising out of Bodhgaya P.S. Case No. 637 of 2017 pending before the court of the learned Chief Judicial Magistrate, Gaya.
Accordingly, the application is dismissed.
(Anjani Kumar Sharan, J) devendra/- U T