Ramji Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19089 of 2017 Arising Out of PS.Case No. -210 Year- 2016 Thana -KATEYA District- GOPALGANJ ====================================================== Ramji Pandey, Son of Late Indradeo Pandey, R/o village - Ijra, P.S. Kateya, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Bihari Tiwary For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-05-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Kateya P.S. Case No. 210 of 2016 for the offences punishable under sections 302 and 34 of the I.P.C.

Allegedly, the petitioner and co-accused Ramji Pandey came and called Prasidh Pandey and took away to his house and thereafter he was killed and the petitioner fled away after leaving the dead body.

Submission is of false implication and that the First Information Report has been lodged after five days without any explanation, the informant was demanding land and on refusal he

Patna High Court Cr.Misc. No.19089 of 2017 (2) dt.25-05-2017 2/2 lodged this case. As a matter of fact, the deceased was electrician and during investigation it has come that he died due to the electric shock, the postmortem report also confirms that the deceased died due to the electric shock, the informant is not an eye witness, co-accused Ramesh Pandey has been allowed regular bail and as such the petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering that during investigation it has come that the deceased died due to the electric shock and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Gopalganj in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T