Patna High CourtCR. MISC./80846/2019bail granted

Daya Nand Panjiyara v. The State Of Bihar

2019-12-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80846 of 2019 Arising Out of PS. Case No.-474 Year-2016 Thana- AMARPUR District- Banka ====================================================== DAYA NAND PANJIYARA Son of Shiv Nandan Panjiyara Resident of Village - Nagardih, P.S.- Amarpur (Fullidumar), Distt - 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.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 302, 307 of the Indian Penal Code, 27 of the Arms Act and 3 and 4 of Explosive Substance Act.

The prosecution case in short is that the accused persons variously armed surrounded the house of informant and his cousin brother and fired at his cousin brother due to which he died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.6.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case.

Patna High Court CR. MISC. No.80846 of 2019(2) dt.10-12-2019 2/2 The petitioner has been made accused due to previous enmity. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. No specific allegation is attributed against the petitioner. Specific allegation is made against co-accused Jagdambi Panjiyara and Julmi Panjiyara. Other co-accused has been granted bail vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 474 of 2016 corresponding to G.R. No. 3317 of 2016.

(Sudhir Singh, J) Pankaj/- U T