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Patna High CourtCR. MISC./32722/2019bail granted

Pappu Kumar @ Pappu Singh v. The State Of Bihar

2019-08-06Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32722 of 2019 Arising Out of PS. Case No.-261 Year-2018 Thana- SULTANGANJ District- Bhagalpur ====================================================== PAPPU KUMAR @ PAPPU SINGH Son of Sri Pashupati Nath Singh Resident of Village- Kalyanpur, P.S.- Bariyarpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishor Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Sultanganj P. S. Case No. 261 of 2018 instituted for the offence under Section(s) 341, 342, 307, 389, 323 and 34 of the Indian Penal Code. Later on section 302 of the IPC was added.

In the written report, it is alleged that this petitioner along with Banty Singh came to her house and took her father by motorcycle and after some distance they pushed him down on the road on account of which he became unconscious and thereafter both accused persons fled away. Subsequently father of informant was brought to hospital and during course of treatment he died.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.32722 of 2019(4) dt.06-08-2019 2/3 persons who were present at the place of occurrence gave information to the son of the informant and his family members and thereafter they reached at the place of occurrence and took her father to Referral hospital Sultanganj from where he was referred to Patna and subsequently during course of treatment he died. Learned counsel for petitioner has drawn the attention of the this court to Annexure-3 which is a photo copy of information supplied through R.T.I. by I/C Medical Officer, Referral Hospital, Sultanganj , wherein, it is mentioned that deceased was brought to the hospital in injured condition by unknown persons.

Learned counsel for the State submits that injury report has been issued from the Jawahar Lal Nehru Medical College, Bhagalpur which shows that deceased was admitted in the hospital by his son with claim of "Multiple injury due to RTA" and thereafter deceased was taken by his son to higher centre for treatment.

In such circumstance the utmost allegation against this petitioner is of last seen. There is no allegation of any specific overt act against this petitioner.

Petitioner is in custody since 4.1.2019.

Considering the aforesaid, let the petitioner, above

Patna High Court CR. MISC. No.32722 of 2019(4) dt.06-08-2019 3/3 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 the ACJM 1st Bhagalpur, in connection with Sultanganj P. S. Case No. 261 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U