Upendra Pandey @ Babaloo Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 48967 of 2019 Arising Out of PS. Case No.-155 Year-2009 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== UPENDRA PANDEY @ BABALOO PANDEY, Son of Shambhu Pandey, Resident of Village - Faijullahpur, P.S.- Baikunthpur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with S.Tr. No. 194/2019 arising out of Baikunthapur P.S. Case No. 155/09, registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Allegation against the petitioner is that he together with other co-accused killed the younger brother of the informant and the dead body of the deceased was found near the house of Akhilesh Tiwari.

Learned counsel for the petitioner submits that the petitioner is in custody since more than a year.

On behalf of the APP, it is submitted that the petitioner is named in the FIR which is of 2009 and the inquest report at par

Patna High Court CR. MISC. No. 48967 of 2019(5) dt.03-02-2020 2/2 6 of the case diary, shows that the death of the deceased was due to sharp cut weapons.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) amitkumar/- U T