Satyendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22701 of 2018 Arising Out of PS.Case No. -201 Year- 2015 Thana -KOILWAR District- BHOJPUR ======================================================

1. Satyendra Pandey, Son of Sri Rameshwar Adhar Pandey, Resident of Village- Pacharukhiya Kala, Police Station Koilwar in the district of Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Adv For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 379, 302, 34 of the Indian Penal Code.

According to FIR, the petitioner and others, initially started assaulting against the uncle of the informant with slaps and fists and subsequently thrashed him on the ground, as a result whereof, he died during course of treatment.

Learned counsel for the petitioner submits that the petitioner is in custody since 10.02.2018. Even if the allegation is assumed to be correct, the intention to commit murder is not made out from the allegations levelled. Moreover, false allegation is there just for land dispute.

Patna High Court Cr.Misc. No.22701 of 2018 (2) dt.24-04-2018 Learned counsel for the informant opposed the prayer for bail on the ground that other witnesses have also supported the allegation against the petitioner before the police. The Doctor has found injury at the head of the injured. It appears that some other co-accused were allowed anticipatory bail in this case vide Annexure-1. Considering the entire facts, let the petitioner, above named, be released on bail on completion of investigation on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Koilwar Police Station Case No.201 of 2015 giving rise to G.R.No.4247 of 2015, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T