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Patna High CourtCR. MISC./16246/2024allowed

Pappu Kumar v. The State Of Bihar

2024-04-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16246 of 2024 Arising Out of PS. Case No.-30 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== Pappu Kumar S/O Dinesh Singh R/O Village- Kone Bajitpur, P.SKarpurigram, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per allegation in the FIR, when the informant was returning to his house by motorcycle and reached near the house of Dewan Singh, all accused persons including this petitioner surrounded him and started to hurl abuse. On protest, this petitioner assaulted him with lathi as a result of which he sustained injuries. It is further alleged that this petitioner along with one co-accused snatched his golden locket and Rs. 20,000/- and fled from there.

Patna High Court CR. MISC. No.16246 of 2024(3) dt.04-04-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute between the parties. It is further submitted that from perusal of the FIR, there is no repeated blow was caused by this petitioner to the injured. There is delay of 6 days in lodging the FIR without explaining the same. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accuse person has already been granted bail by this Court vide order dated 04.01.2024 in Cr. Misc. No. 83512 of 2023. Moreover, the petitioner is languishing in judicial custody since 21.12.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Karpurigram P.S. Case No. 30 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.16246 of 2024(3) dt.04-04-2024 3/3 satisfaction of learned Judicial Magistrate, 1st Class, Samastipur.

(Sunil Kumar Panwar, J) Shubham/- U T