Bipin Panjiyara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64926 of 2019 Arising Out of PS. Case No.-357 Year-2016 Thana- AMARPUR District- Banka ====================================================== Bipin Panjiyara, aged about 48 years, Male, Son of Late Mahendra Panjiyara, Resident of Nagardih, P.S. - Fullidumar (Amarpur), District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Amarpur (Fullidlumar) P.S. Case No. 357 of 2016 registered for the offences punishable under Sections 147, 148, 149, 302, 506 of the Indian Penal Code and Section 27 of the Arms Act. Allegation in brief is that all the FIR named accused persons caught hold the informant and her father-in-law and on instigation of Dayanand Panjiara, Anil Panjiara shot on the head of her father-in-law, Nawal Panjiara shot at his back, thereafter Dilip Panjiara and Jagdambi Panjiara also shot at him as a result he died.

Learned counsel for the petitioner submits that all family members have been implicated but there is no specific

Patna High Court CR. MISC. No.64926 of 2019(3) dt.05-11-2019 2/3 allegation against the petitioner. Similarly situated co-accused, namely, Subodh Yadav, Fuska Yadav and Amit Yadave have been granted bail by a Co-ordinate Bench of this Court dated 20.03.2017 passed in Cr. Misc. No.11686 of 2017. Petitioner is in jail custody since 10.04.2019. Learned counsel for the petitioner further submits that in paragraph-3 of the bail petition, the petitioner has criminal antecedent.

In the facts and circumstances of the case, 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 Chief Judicial Magistrate, Banka in connection with Amarpur (Fullydumar) P.S. Case No. 357 of 2016 corresponding to G.R. No.2443 of 2016, subject to the following conditions :

(1) One of the bairlors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court

Patna High Court CR. MISC. No.64926 of 2019(3) dt.05-11-2019 3/3 concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Nasimul/- U T