Panchanand Kumar Das @ Panchanand Das @ Panchu Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77158 of 2023 Arising Out of PS. Case No.-174 Year-2019 Thana- JADIA District- Supaul ====================================================== Panchanand Kumar Das @ Panchanand Das @ Panchu Das Son Of Ganeshi Das @ Ganeshi Tatma @ Ganeshi Sah R/O Village- Laxmipur Bhagwati, Ward No. 14, P.S.- Srinagar, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Jadia P.S Case No. 174 of 2019 registered for the offences punishable under Sections 450, 302/34 of the I.P.C and 27 of the Arms Act.
3. As per prosecution case, co-accused persons along with two unknown persons fired on the head of Mamta Devi due to which she died at the spot.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not named in FIR his name surfaced from the secret information. It is next submitted that on perusal
Patna High Court CR. MISC. No.77158 of 2023(3) dt.13-03-2024 2/2 of postmortem report of the deceased it appears only one injury found on the body of the deceased. It is further submitted that petitioner is in judicial custody since 02.09.2021. Similarly situated co-accused person, namely, Mukesh Kumar Sharma has already been granted bail by this Court in Cr. Misc. No. 80653 of 2023 vide order dated 04.03.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order, postmortem report of the deceased and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Jadia P.S Case No. 174 of 2019. (Ramesh Chand Malviya, J) saurabhkr/- U T