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Patna High CourtCR. MISC./72189/2018bail granted

Pappulal Sriwastawa @ Pappu Prasad Sriwastawa @ Pappu Sriwastawa @ Sangeet Kumar v. The State Of Bihar

2018-12-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72189 of 2018 Arising Out of PS. Case No.-99 Year-2005 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== Pappulal Sriwastawa @ Pappu Prasad Sriwastawa @ Pappu Sriwastawa @ Sangeet Kumar, S/o Late Kanhaiyalal Sriwastawa, R/o Village-Tiwari Matihiniya, P.S.-Bishambharpur, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2018 Heard both sides.

The petitioner seeks bail in Bishambharpur P.S. Case No.99 of 2005 registered under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The informant named only five persons in the F.I.R. and alleged that they might have killed his brother. The informant is not an eyewitness of the occurrence. The informant also filed protest petition after four months of the occurrence but he did not disclose the name of the petitioner. During the investigation, only suspicion is raised against the petitioner that the deceased was brutally beaten at the darwaza of the petitioner sometimes ago from the date of

Patna High Court Cr.Misc. No.72189 of 2018(2) dt.11-12-2018 2/2 occurrence but no tangible material is collected against the petitioner save and except the confession of the petitioner. Petitioner is in jail since 08.05.2018.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate, Gopalganj in connection with Bishambharpur P.S. Case No.99 of 2005.

(Prabhat Kumar Jha, J) Saurabh/- U T