Patna High CourtCR. MISC./16326/2023allowed

Pappu Das v. The State Of Bihar

2023-07-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16326 of 2023 Arising Out of PS. Case No.-520 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== Pappu Das Son Of Suresh Das Resident Of Village- Sibpur Lougai (DAS Tola), Ps- Shampur (KHARAGPUR), Distt- Munger ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2023 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 302, 201, 34 of the Indian Penal Code.

As per prosecution case, the allegation against accused persons including the petitioner is that they committed murder of the informant's son.

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 of confessional statement of co-accused, namely, Niraj Das. The informant is not an eye witness of the alleged

Patna High Court CR. MISC. No.16326 of 2023(3) dt.13-07-2023 2/2 occurrence. There is no specific allegation of commission of murder levelled against the petitioner, except suspicion nothing consistent material has come out against him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.10.2022.

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 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 Kharagpur P.S. Case No. 520 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 ACJM-IV, Munger.

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