Law Pandey @ Law Sankrityayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2949 of 2023 Arising Out of PS. Case No.-339 Year-2012 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.

LAW PANDEY @ LAW SANKRITYAYAN Son of Dharmendra Kumar Pandey R/o vill.- Ratanpura, P.S.- Gopalpur, Dist.- Gopalganj 2.

Tuna Pandey @ Pushpraj Son of Late Rajendre Pandey R/o vill.- Ratanpura, P.S.- Gopalpur, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

:

Mr. Pritish Ranjan, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-04-2023 Heard learned senior counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Kazi Mohammadpur P.S. Case No. 339 of 2012, registered for the offences punishable under Sections 302 of Indian Penal Code.

As per allegation, the son of the informant who was student and for his studies he was residing in Muzaffarpur, in a tenanted house along with the petitioner and one Chunna Pandey. On 28.09.2012 the wife of the informant received a telephonic information from the petitioner that Ranjeet Kumar,

Patna High Court CR. MISC. No.2949 of 2023(2) dt.24-04-2023 2/3 son of the informant had slit his nerves and he is serious. The petitioner and his friends carried him to the hospital and after half and hour the petitioner again informed the wife of the informant that Ranjeet had died.

The learned senior counsel for the petitioner has submitted that the petitioner is innocent, and he was friend of the deceased. There is no allegation in the FIR that he committed murder of the deceased. It has come in the FIR that he carried the injured to the hospital but he could not be saved. From the bare perusal of the FIR, the complicity of the petitioner in the alleged occurrence does not attract prima facia. He is a person of clean antecedent.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, District- Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 339 of 2012, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Patna High Court CR. MISC. No.2949 of 2023(2) dt.24-04-2023 3/3 (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/Sudha U T