Allowed

Kailash Panjiyara v. The State Of Bihar

Patna HC2 Jul 2018CR. MISC./29393/2018

Case brief

AI extract

What is this about?

The High Court at Patna granted regular bail to Kailash Panjiyara in a murder case involving body concealment. The court accepted arguments that the petitioner had clean antecedents and assisted allegedly under coercion, directing release on a bond of Rs. 10,000 with conditions.

What did the court decide?

Petitioner granted regular bail on a bond of Rs. 10,000 with two sureties of Rs. 10,000 each, subject to standard conditions regarding tampering and court attendance.

Kailash Panjiyara Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29393 of 2018

¶2

Arising Out of PS.Case No. -13 Year- 2018 Thana -ASARGANJ District- MUNGER

¶3

====================================================== Kailash Panjiyara S/o Yogendra Panjiyara, R/o Mohalla- Sondik Bhawan, P.S.- Asarganj, District- Munger.

¶4

.... .... Petitioner/s

¶5

Versus

¶6

The State of Bihar

¶7

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate For the Opposite Party/s : Mr. Sri Nityanand

¶8

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER

¶9

3 02-07-2018 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned A.P.P. for the State.

¶10

The petitioner seeks regular bail in connection with Asarganj P.S. Case No.13 of 2018, G.R. No.253 of 2018 registered for the offences punishable under Sections 363, 302, 201, 120B and 34 of the Indian Penal Code.

¶11

It has been submitted that this petitioner was apprehended on a report of spy and the petitioner confessed and disclosed that he was called by the mother of co-accused Raushan Kumar to help them in concealing the dead body of victim girl who was killed by her son. The said confession was made under threat and coercion by the police which has got no evidentiary value. The said co-accused Raushan Kumar was apprehended by

¶12

Patna High Court Cr.Misc. No.29393 of 2018 (3) dt.02-07-2018

¶13

¶14

police who confessed his complicity in the crime and stated that he had monetary dispute with the father of the victim girl and, therefore, he committed murder of the victim girl. According to the learned counsel for the petitioner, there is a limited role of this petitioner of having assisted in concealment of a dead body and so no offence under section 302 of I.P.C. is made out against this petitioner. It has been submitted that the doctor, who has conducted postmortem, has not found sexual assault on the victim. The petitioner is in custody since 05.02.2018 having clean antecedent and so he deserves bail.

¶15

The learned counsel for the informant as well as learned A.P.P. for the State opposed the submission.

¶16

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger

¶17

in connection with Asarganj P.S. Case No.13 of 2018, G.R. No.253 of 2018, subject to the following conditions:-

¶18

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

¶19

(ii) The petitioner will not induce any witness or tamper with the evidence.

¶20

Patna High Court Cr.Misc. No.29393 of 2018 (3) dt.02-07-2018

¶21

¶22

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail.

¶23

(iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

¶24

(Sanjay Kumar, J)

¶25

Harish/-

¶26

Kailash Panjiyara v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kailash Panjiyara v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Sonu Vs The State Of Bihar

Ramjan Mian @ Bhuee @Ramjaan Mian Vs The State Of Bihar

Vikash Kumar Vs The State Of Bihar

Rupesh Ram Vs The State Of Bihar

Anish Kumar Vs The State Of Bihar

Mithilesh Yadav @ Mithilesh Kumar Yadav Vs The State Of Bihar