Bipin Panjiyara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69244 of 2019 Arising Out of PS. Case No.-474 Year-2016 Thana- AMARPUR District- Banka ====================================================== Bipin Panjiyara, Son of Late Mahendra Panjiyara Resident of Nagardih, P.S.- Amarpur (Fulidumar), District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2020 Heard Learned Counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under Sections 147, 148, 149, 302, 307 of the Indian Penal Code read with Section 27 of the Arms Act and 3⁄4 of the Explosive substance Act.

As per the F.I.R, specific accusation of firing is on co-accused Jagdambi Panjiara and Julmi Panjiara and there is general and omnibus allegation of discriminate firing against other co-accused persons.

It is submitted that co-accused Julmi Panjiara fired on the informant causing injury in the right hand and he has been granted bail by this Court vide order dated 11.10.2018 in Cr. Misc No. 61943 of 2018. Petitioner is in custody since 18.08.2017. Charge sheet has already been submitted in the case and there is no allegation of tempering with the evidence. It is

Patna High Court CR. MISC. No.69244 of 2019(4) dt.29-01-2020 2/2 further submitted that there is no specific allegation against this petitioner.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Banka in Amarpur (Fullidumar) Police Station Case No. 474 of 2016 Corresponding to G.R. No. 3317 of 2016, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J.) Niraj/- U T