Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35839 of 2023 Arising Out of PS. Case No.-71 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Pappu Kumar Son Of Late Baban Rai Resident Of Villge- Karahi Khurd, PsBhagwanpur Hatt, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 120B and 34 of the Indian Penal Code.

3. As per prosecution case, the informant received information from one Anup Bharti that his younger brother was murdered and his dead body has thrown in the pond situated near Village- Sarhati, thereafter the informant talked with his wife. She disclosed that two friends of deceased reached the village from Calcutta and as per the information, the deceased went with his two friends for attending party but did not return.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.35839 of 2023(4) dt.18-09-2023 2/2 falsely been implicated in this case due to village politics. The name of the petitioner came into light in this case on the basis of confessional statement of one Rahul Kumar before the police which has got no evidentiary value in the eye of law and he has already been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 of this petition. During investigation, nothing consistent material has come against the petitioner. There is no eye witness of the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 13.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhagwanpur Hatt P.S. Case No. 71 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan. (Sunil Kumar Panwar, J) Shubham/- U T