Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26817 of 2023 Arising Out of PS. Case No.-217 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== PAPPU SINGH SON OF RAMNAWMI SINGH VILLAGE SONIPUR, P.S. GOPALPUR, DIST. GOPALGANJ ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Gopalpur P.S. Case No. 217 of 2022 registered for the offences punishable under Sections 447, 323, 324, 325, 326(A), 379/34 of the Indian Penal Code. He has got no criminal antecedent.

3. Learned counsel for the petitioner submits that the petitioner along with one co-accused Chandan Singh assaulted the informant's brother by pouring hot oil on his body due which his body was burnt. And then the petitioner along with one Ripunjay Singh assaulted him with rod, sword on his head due to which the brother of the informant became unconscious and fell down.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26817 of 2023(3) dt.30-08-2023 2/3 petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has otherwise no criminal antecedent.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstance of the case, wherein it is submitted that the allegations of causing assault on the brother of the informant is against the petitioner as well as co accused Chandan Singh, the injuries noticed by the doctor are simple in nature and the allegation of pouring hot oil upon the body of the informant has not been substantiated in the injury report, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Gopalpur P.S. Case No. 217 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his

Patna High Court CR. MISC. No.26817 of 2023(3) dt.30-08-2023 3/3 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T