Triloki Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51686 of 2022 Arising Out of PS. Case No.-226 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== TRILOKI PANDEY Son of Late Nandu pandey Resident of Village - parsauni Baij, P.O. Kamrouli, P.S. Piprahi, Dist.- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2022 Heard Mr. Ram Shankar Kumar, learned counsel for the petitioner and Mr. Satya Nand Shukla for the State. The petitioner seeks bail in connection with Piprahi P.S. Case No. 226 of 2019 dated 29.12.2019 instituted for the offence under Section 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

He along with his mother is said to have killed his father for the purposes of appropriating his pension. The aforenoted accusation has been levelled by another brother of the petitioner.

From the plain reading of the FIR, it appears that the deceased had three sons; one being the petitioner and his two elder brothers were married, one of whom is the informant of this case. He has narrated in the FIR that the pension of his father used to be distributed amongst family members but for sometime in the past, the petitioner along

Patna High Court CR. MISC. No.51686 of 2022(2) dt.22-12-2022 2/2 with his mother had been staying separately and wanted to appropriate the entire pensionary benefits. While levelling such accusation, the informant has also stated that on one occasion, his wife and son saw the petitioner killing the deceased.

The very tenor of the allegation appears to be an effort to any how share the pension amount of the deceased, which ultimately would have gone only to the mother of the informant and the petitioner. The informant now does not wish to prosecute the petitioner any further. The petitioner is in custody since 12.07.2022. Regard being had to the aforestated facts, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Judicial Magistrate, First Class, Sheohar in connection with Piprahi P.S. Case No. 226 of 2019. (Ashutosh Kumar, J) krishna/- U T