Ashok Kumar Pandey v. The State Of Bihar.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.468 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== ASHOK KUMAR PANDEY Son of Late Shiv Narayan Pandey Resident of Village - Lauriya, P.S.- Govindganj, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending his arrest in a case registered under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.
The prosecution allegation, in short, is that the accused persons committed murder of the son-in-law of the informant
Patna High Court CR. MISC. No.468 of 2021(3) dt.24-01-2022 2/3 and two other family members.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case only for the reason that there is a previous litigation between the parties. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest his implication in the present case. Except for suspicion, there is no other substantive evidence to suggest the participation of the petitioner in the present case. The petitioner is not related to the family of the deceased nor he has got any concern with the other family members of the deceased.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Patna High Court CR. MISC. No.468 of 2021(3) dt.24-01-2022 3/3 Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bonds to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 135/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U