Panshujeet Kumar @ Panshujeet Kumar Singh @ Mithun @ Pansujeet@ Pansujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73125 of 2024 Arising Out of PS. Case No.-849 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== Panshujeet Kumar @ Panshujeet Kumar Singh @ Mithun @ Pansujeet@ Pansujeet Kumar Son of Krishna Singh Resident of Banaras Bank Chowk, Yadupati Lane, P.S. - Town Muzaffarpur, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Prabhat For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY CAV ORDER 19-03-2025 I have already heard the learned counsel for the parties.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Shastrinagar P.S.Case No. 849 of 2018.
3. The prosecution story, in brief, is that on 05.12.2018, at about 10.00-10.15 A.M., the informant received a telephonic message that his younger brother Jitendra Kumar, a practising advocate in the Patna High Court, was shot near Jal Parishad. The deceased was brought to the hospital and he was declared dead. The informant has mentioned in the FIR that his
Patna High Court CR. MISC. No.73125 of 2024(5) dt.19-03-2025 2/3 father died in the year 1990 and his mother and one brother Santosh Kumar @ Manoj Kumar had sold two kathas of ancestral land to co-accused persons Rupesh Kumar, Rakesh Kumar @ Babloo, Ritesh Kumar @ Bittu and Supriya Devi, wife of Rupesh Kumar. The litigation, in that respect, was pending. It has further been alleged that there was matrimonial dispute between the deceased and his wife Nitu Singh (coaccused). The present petitioner is the brother of Nitu Singh. It has further been alleged that the petitioner and other family members of Nitu Singh, including her parents, assisted the other accused persons in committing the murder of the deceased.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. There is no eye-witness in this case. His name has figured only on the basis of suspicion and except suspicion, there is nothing against the petitioner. He has also submitted that co-accused Nitu Singh, her parents, co-accused Ritesh Kumar and Rakesh Kumar have been grated bail and the case of the petitioner is on better footing.
5. On the other hand, the learned counsel for the informant has opposed the prayer for bail by submitting that the petitioner was instrumental in execution of forged and
Patna High Court CR. MISC. No.73125 of 2024(5) dt.19-03-2025 3/3 fabricated power of attorney in favour of co-accused Md. Tajuddin by impersonation of the deceased Jitendra Kumar, to which the learned counsel for the petitioner replied that said Md. Tajuddin and Serajuddin, both have been granted bail by this Court.
6. Considering the above facts and circumstances, let the petitioner, above-named, 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 learned ACJM-IX, Patna in connection with Shastrinagar P.S.Case No 849 of 2018, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) HR/- U T