Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37343 of 2024 Arising Out of PS. Case No.-928 Year-2022 Thana- MANER District- Patna ====================================================== Pappu Kumar Son of Avinash Singh @ Avinash Kumar R/o Village - Jivrakhan Tola Ward No.- 6, P.S.- Maner, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 4-12-2023 and the informant alleges that on 13-12-2022 at about 9:30 PM, his son (deceased) received a call on his mobile from Raja King, who asked him to come out of the house, accordingly, his son went to meet Raja, thereafter Raja along with six named accused persons including the petitioner abducted his son and killed him and threw his body in a canal, further the mobile from which his son had received the call was

Patna High Court CR. MISC. No.37343 of 2024(2) dt.20-09-2024 2/3 recovered from the house of Raja and was handed over to the police.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that the FIR does not disclose that as to how the informant came to know about the participation of the petitioner in the occurrence nor the FIR even remotely suggests that Raja disclosed the name of the petitioner. It is next submitted that date of occurrence is 13-12-2022 and the dead body of the deceased was sent for post-mortem on 1412-2022 and thereafter the FIR came to be instituted on 16-122022 and the same was received in the Court on 22-12-2022, but then it is submitted that the FIR does not even remotely suggest that the dead body of the deceased was found on 14-12-2022 itself, when the FIR has been instituted on 16-12-2022, which casts an aspersion on the case of the prosecution. It is also submitted that post-mortem of the dead body was conducted and the post-mortem report records the cause of death as asphyxia due to drowning.

5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned

Patna High Court CR. MISC. No.37343 of 2024(2) dt.20-09-2024 3/3 counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Maner P.S. Case No. 928 of 2022.

(Satyavrat Verma, J) SUMIT/- U T