Pappu Kunwar @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27100 of 2020 Arising Out of PS. Case No.-74 Year-2017 Thana- HAYAGHAT District- Darbhanga ====================================================== PAPPU KUNWAR @ PAPPU KUMAR Son of Ramvinay kunwar Resident of Village - Patori, P.S.- Waris Nagar, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the State :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302, 201, 34 of the Indian Penal Code. Prosecution case in short is that in the night, husband of the informant went out to attend call of nature but he did not return. In the morning, the dead body of husband of the

Patna High Court CR. MISC. No.27100 of 2020(2) dt.19-10-2020 2/2 informant was found in the orchard of Ghosrama village. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is in custody since 1804-2019. There is no eye witness to the alleged occurrence. The name of the petitioner came in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Darbhanga in connection with Hayaghat P.S. Case No. 74 of 2017.

(Sudhir Singh, J) A.K.V.//- U T