Kedar Panjiyara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73079 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- DHURAIYA District- Banka ====================================================== 1.

KEDAR PANJIYARA, aged about 55 years, Male, Son of Late Rameshwar Panjiyara, Resident of Village - Kachamachiya Patar Tola, P.S.- Panjawara, Distt - Banka 2.

Sonu Panjiyara, aged about 19 years, Male, Son of Kedar Panjiyara, Resident of Village - Kachamachiya Patar Tola, P.S.- Panjawara, Distt - Banka 3.

Anirudh Panjiyara, aged about 53 years, Male, Son of Late Rameshwar Panjiyara, Resident of Village - Kachamachiya Patar Tola, P.S.- Panjawara, Distt - Banka ... Petitioners

Versus

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

For the Petitioners :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Dhoraiya P.S. Case No. 63 of 2019 registered under Section 302/34 of the Indian Penal Code.

The accusation is that in the morning of 29.03.2019, informant, Raju Panjiyara, came to know that a dead body is thrown in Manjha Bahiyar, since, his younger brother, Masudan Panjiyar did not come in the house in the night, then, he went there and saw that the dead body was of his brother. Since, land dispute is going on between his deceased brother with his

Patna High Court CR. MISC. No.73079 of 2019(2) dt.19-11-2019 2/2 villager, Manoj Manjhi, who threatened to hill his brother, Masudan Panjiyar, as such, he has strong belief that Manoj Manjhi and others, named in the first information report, have hand in the murder of his brother.

Submission is that it would appear from the first information report that the informant is not the eye witness of the occurrence rather he only disclosed the name of eleven persons having hands in murder of his brother, whose dead body was lying in a field.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Dhoraiya P.S. Case No. 63 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Vikash Kumar, Judicial Magistrate, 1st Class, Banka, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T