Yashwant Kumar @ Pappu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7846 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== Yashwant Kumar @ Pappu Rai S/O Sri Ramsubhag Ray @ Ramsakal Rai @ Ram Sevak Rai Resident Of Village- Rambhadrapur, P.S.- Kalyanpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 302, 504, 506, 120B of the Indian Penal Code. The allegation against the petitioner along with coaccused persons is that they committed murder of the informant due to previous enmity.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis enmity. The informant is not an eye witness of the alleged occurrence and also FIR has been lodged after delay of two

Patna High Court CR. MISC. No.7846 of 2023(2) dt.02-05-2023 2/2 days of the alleged occurrence. As per postmortem report doctor who conducted postmortem did not find any bleeding injury except bleeding from right ear and nose, and opined that cause of death is due to haemorrhage shock over skull caused by hard and blunt substance. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 21.06.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Warisnagar P.S. Case No. 208 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Samastipur. (Sunil Kumar Panwar, J) Manish/- U T