Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5098 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== PAPPU KUMAR S/o Hare Krishna Sah @ Hare Kishun Sah R/o villageMahdeva, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Phulparas P.S. Case No. 286 of 2021 (GR No. 1297 of 2021) registered for the offence under Sections 307, 326 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is not named in the FIR and is in custody since 02.09.2021.

The allegation against the petitioner is to fire upon the informant/injured along with other co-accused persons with intention to cause death.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.5098 of 2022(2) dt.22-06-2022 2/3 petitioner submitted that name of the petitioner surfaced on the basis of self confessional statement having surfaced nothing during course of the investigation to connect the petitioner with the present occurrence. It has further been submitted that the petitioner is a man of clean antecedent and investigation of this case has been completed for which charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP while opposing the prayer for bail, fairly conceded the fact that name of the petitioner surfaced on the basis of self confessional statement.

Considering the facts and circumstances as mentioned above, as nothing incriminating material has surfaced during course of the investigation to connect the petitioner with the present occurrence in furtherance of self confession, let the petitioner, above named, are directed to be released on bail in connection with Phulparas P.S. Case No. 286 of 2021 (GR No. 1297 of 2021) on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st, Jhanjharpur, Madhubani subject to the following conditions:

"(i) That petitioner shall cooperate in the trial and

Patna High Court CR. MISC. No.5098 of 2022(2) dt.22-06-2022 3/3 shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be father of the petitioner, namely, Hare Krishna Sah @ Hare Kishun Sah, who is the deponent of the present bail petition." (Chandra Shekhar Jha, J) S.Katyayan/- U T