Patna High CourtCR. MISC./37836/2021bail rejected

Pappu Kumar v. The State Of Bihar

2021-11-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37836 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== PAPPU KUMAR Son of Manoj Sharma Resident of Village- Khapuri, P.S.- Dulhin Bazar, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. advocate Mr. Arun Kumar Pandey For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2021 Heard learned senior counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, this petitioner along with other accused persons are alleged to have committed the murder of brother of the informant.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that informant claims to be eye witness of the occurrence but from perusal of the FIR it is apparent that informant is not an eye witness of the occurrence. In fact the

Patna High Court CR. MISC. No.37836 of 2021(3) dt.02-11-2021 2/2 deceased was killed by some unknown miscreants and due to previous enmity this petitioner has falsely been implicated in the present case. Petitioner is in custody since 06.06.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner is one of the assailants of the deceased and there is specific and direct allegation against him that he caused fire arm injury as a result of which brother of informant died.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

However, since the petitioner is in custody since 06.06.2020, the trial court is directed to conclude the trial as early as possible.

(Prabhat Kumar Singh, J) BKS/- U T