Pappu Kumar @ Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4064 of 2019 Arising Out of PS. Case No.-261 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Pappu Kumar @ Pappu Singh, aged about 31 years, Male, Son of Late Upendra Singh, resident of Village- Rawal Bigha, PS - Aurangabad (Mufassil), District Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 504, 506, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Though the petitioner is named in the FIR, however, no specific over act is alleged. Specific overt act is against coaccused Vicky Kumar and Arvind Singh to have caught the deceased and Vivek Singh passed over the pistol to Murari Singh who fired and caused death.

Learned counsel for the informant opposed the prayer for anticipatory bail on the ground that a witness has stated before the police vide para 164 of the case diary that this

Patna High Court CR. MISC. No.4064 of 2019(4) dt.13-03-2019 2/2 petitioner had also fired.

Considering the belated evidence coming in para 164 of the case diary and no allegation by the informant who is eye witness of the occurrence, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Aurangabad (Town) Police Station Case No. 261 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/Rajan U T