Prabhunath Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85644 of 2023 Arising Out of PS. Case No.-316 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== PRABHUNATH PANDEY, MALE, AGED ABOUT 70 YEARS, SON OF LATE HARI PANDEY RESIDENT OF VILLAGE - GHORIYAR, POLICE STATION - SANGRAMPUR, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukund Mohan Jha For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Sangrampur P.S. Case No.316 of 2023 registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Allegation against the petitioner is to have committed murder of the brother of the informant along with other co-accused persons.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that the specific

Patna High Court CR. MISC. No.85644 of 2023(3) dt.18-03-2024 2/2 allegation is not against this petitioner rather specific allegation as regard to firing and killing of the deceased has been levelled against other co-accused person, namely, Munna Pandey. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 07.09.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner and submitted that dead body of the deceased was recovered from the house of the petitioner.

6.

In view of the allegation, as made above, as it appears from FIR and impugned order that dead body of the deceased has been recovered from the house of the petitioner and it also appears from perusal of paragraph no.34 of the case diary that at the confession of this petitioner Sandal of the deceased was recovered by the police, where, this is a case of brutal murder of the deceased, this Court is not inclined to grant bail to the petitioner, at present.

7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T