Daya Nand Panjiyara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72953 of 2019 Arising Out of PS. Case No.-341 Year-2016 Thana- AMARPUR District- Banka ====================================================== DAYA NAND PANJIYARA Son of Shiv Nandan Panjiyara Resident of Nagardih, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341 and 302 of the Indian Penal Code and Section 27 of the Arms Act. Informant is the son of the deceased who in his FIR has stated that on 03.08.2016, his father deceased Punit Lal Panjiara had gone to the orchard to attend the call of nature at about 6:00 pm, when he heard the sound of firing and went at the place of occurrence, he saw petitioners fleeing away and as he reached near his father, he found him having suffered fire arm injury and was dead. There is general allegation against 13 accused and other unknown accused persons of killing the father of the informant.

Patna High Court CR. MISC. No.72953 of 2019(2) dt.11-12-2019 2/3 In the Post Mortem Report two injuries have been found on the person of the deceased which has caused the death of the father of informant. There is general and omnibus allegation against all the accused known and unknown accused named in the FIR. There is no allegation of any specific overt act against petitioner. Petitioner has got no criminal antecedent and is in custody since 29.05.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Amarpur (Phuli Dumar) P.S. Case No. 341 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court CR. MISC. No.72953 of 2019(2) dt.11-12-2019 3/3 liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U