Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33282 of 2024 Arising Out of PS. Case No.-681 Year-2023 Thana- JAMUI District- Jamui ====================================================== Pappu Kumar son of Jaya Yadav R/o village- Choudiha, P.S.- Jamui, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y. C. Verma, Senior Advocate Mr. Madan Mohan, Advocate Mr. Dinkar Dubey, Advocate Mr. Ritik Sah, Advocate Mr. Rahul Raj, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Jamui P.S. Case No.681 of 2023 registered for the offence under Sections 147, 148, 149, 302, 120B, 504 and 506 of the Indian Penal Code.

3.

As per prosecution case, on the alleged date of occurrence when the informant along with his brothers, father two uncles (mama) and one cousin were sitting at their shop at that time the accused persons including petitioner arrived there and started to abuse the informant and his family members in filthy language. In course of abuse and assault, the accused

Patna High Court CR. MISC. No.33282 of 2024(2) dt.20-05-2024 2/3 persons suddenly brought their truck and pick-up van and started driving it rashly with intention to kill the informant and others. In course of the incident, the informant's father namely, Dayanand Yadav and brother namely, Bipin Kumar was dashed by the truck due to which they succumbed to the injuries and died on the spot.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that the allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is submitted that similarly situated coaccused person has already been granted bail by this Court through Cr. Misc. No.25144 of 2024 on 15.04.2024. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 20.11.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as it appears from perusal of case diary that it is not specified the present petitioner was driving the said truck and as similarly situated coaccused person has already been granted bail by this Court, let

Patna High Court CR. MISC. No.33282 of 2024(2) dt.20-05-2024 3/3 the petitioner, above named, is directed to be released on bail, in connection with Jamui P.S. Case No.681 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui.

(Ramesh Chand Malviya, J) S.Katyayan/- U T