Chullu Pandit@ Chulu Pandit vs State Of Bihar on 3 December, 2010

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.26940 of 2010
                  CHULLU PANDIT@ CHULU PANDIT son of Raj Kumar
                  Pandey, resident of village-Kaiyar, P.S.-Sikandra,Dist.-Jamui.
                                            Versus
                                      STATE OF BIHAR
                                            -----------

3. 3.12.2010. Heard Mr.Pramod Kumar learned counsel for the

petitioner, who was assisted by Mr. Manish Bhushan as well as

Mr. Umesh Lal Verma, learned Additional Public Prosecutor

appearing on behalf of the State.

The petitioner, who is in custody in connection with

Sikandara P.S.Case No.49 of 2005 for the offences under

sections 324, 307/34 of the Indian Penal Code, has prayed for

grant of bail.

Initially Sikandara P.S. Case No.49 of 2005 was

registered for the offences under sections 324 and 307 of the

Indian Penal Code and section 27 of the Arms Act. However,

subsequently after death of the injured section 302 of the Indian

Penal Code was added on 4.4.2005. First information report was

lodged against unknown.

Learned counsel for the petitioner submits that at the

time of occurrence one of the witnesses, namely, Prakash Yadav

was present at the place of occurrence along with the informant.

However, while recording first information report, the informant

did not name any persons including the petitioner as an accused

and first information report was lodged against unknown.

Subsequently, only one witness Prakash Yadav came out with a

case that the petitioner was also one of the accused in the said
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occurrence. He further submits that other witnesses have

supported the stand of Prakash Yadav on information given by

him that this petitioner was one of the accused. It has been

submitted that this petitioner has been falsely implicated in the

present case and he is languishing in jail since long.

Mr. Umesh Lal Verma, learned Additional Public

Prosecutor appearing on behalf of the State has opposed the

prayer of the petitioner. He submits that it is true that other

witnesses, who had named the petitioner, were informed by the

witness, Prakash Yadav.

Considering the facts and circumstances of the case,

the above named petitioner is directed to be released on bail on

furnishing bail bond of Rs.10,000/- with two sureties of the like

amount each to the satisfaction of A.D.J., F.T.C.-Vth, Jamui in

connection with Sikandra P.S. Case No.49 of 2005.

Md.S.                                     ( Rakesh Kumar, J.)