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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73194 of 2018 Arising Out of PS. Case No.-18 Year-2010 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Pappulal Sriwastawa @ Pappu Prasad Sriwastawa @ Pappu Sriwastawa @ Sangeet Kumar, s/o late Kanhaiya Pd. Sriwastawa, r/v- 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. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Gopalganj P.S. Case No. 18 of 2010 instituted for the offence under Section(s) 302, 120(B)/34 Indian Penal Code and 27 of Arms Act. Learned counsel for the petitioner has submitted that in the written report there is specific allegation that on the order of Amod Tiwary, three persons, namely, Virendra Yadav, Ramashish Yadav and Surendra Yadav made firing on the elder brother of informant and his relative Ashok Rai on account of which they succumbed to injuries. It is further submitted that petitioner is not named in the written name. His name has come after one year during investigation only on the basis of

Patna High Court Cr.Misc. No.73194 of 2018(2) dt.07-12-2018 2/2 suspicion. None of witness has levelled any allegation of specific overt act against this petitioner during investigation. Petitioner is in custody since 11.05.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj P.S. Case No. 18 of 2010, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T