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Patna High CourtCR. MISC./16059/2016bail granted

Pramod Pandey v. The State Of Bihar

2016-05-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16059 of 2016 Arising Out of PS.Case No. -201 Year- 2015 Thana -KOILWAR District- BHOJPUR ====================================================== Pramod Pandey son of Late Rameshwar Adhar Pandey, resident of VillagePachrukhiya Kala, Police Station- Koilwar in the district of Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is an accused in Koilwar P.S. Case No.201/15 registered under Sections 341, 323, 379 and 302/34 of the I.P.C.

The accusation is that seven F.I.R. named accused including the petitioner came near the uncle of the informant, namely, Raj Kumar Upadhaya on 28.8.2015 at 9.30 P.M. and started abusing and on protest made by him, they began to assault him with fists and slaps and in course of assault Sateyndra Pandey and Sanjay Pandey caught his neck and dashed as a result of which he fell down and became unconscious. While he was rushed for better treatment to the P.M.C.H. he died in the way to the

Patna High Court Cr.Misc. No.16059 of 2016 (3) dt.20-05-2016 2/2 hospital.

Learned counsel for the petitioner submits that in fact, the deceased uncle of the informant, Raj Kumar Upadhaya was on his Machan and in course getting down from the Machan he fell down and got injury in his neck and became unconscious and was rushed for treatment to P.M.C.H. but he died.He further submits that the informant and the petitioner are agnates. The petitioner has been falsely implicated in this case due to dirty village politics.

Having regard to the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Ara in Koilwar P.S.Case No.201/15.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U T