Barun Pandit @ Lambu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38473 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -MEERGANJ District- PURNIA ====================================================== Barun Pandit @ Lambu Pandit S/o Suresh Pandit, Resident of VillageParasmani, P.S.- Sarsi, District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

19-08-2017 Heard learned counsel for the petitioner. No one appears on behalf of the State.

Petitioner, in the present case, is seeking regular bail in connection with Mirganj P.S. Case No. 95 of 2016 corresponding to S. Tr. No. 192/2017 registered for the offence punishable under Sections 302, 201 of the Indian Penal Code.

A perusal of the First Information Report (in short the "FIR") would show that the FIR was lodged against unknown by the chowkidar. It is alleged that the chowkidar found a dead body of an unknown person lying on the eastern side of SH77 near Kishantoli Chowk. It is submitted that, in course of investigation, the name of this petitioner transpired on the basis of statement of the father of the deceased. He had made this general

Patna High Court Cr.Misc. No.38473 of 2017 (2) dt.19-08-2017 allegation against the petitioner as well as the co-accused Md. Israil. Submission is that the co-accused Md. Israil has already been granted regular bail by a coordinate Bench of this Court in Cr. Misc. No. 31236/2017 vide order dated 12.07.2017.

Considering the fact that the FIR is against unknown and accused person whose name has come in this case on the basis of the statement of the father of the deceased and the case of the present petitioner is similar to the case of the co-accused who has already been granted privilege of bail, I am inclined to grant regular bail to the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Vth Additional Sessions Judge, Purnea, in connection with Mirganj P.S. Case No. 95 of 2016, corresponding to S. Tr. No. 192/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J.) Rajeev/- U T