Patna High CourtCR. MISC./35825/2023bail granted

Pappu Prasad @ Papu Prasad v. The State Of Bihar

2023-08-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35825 of 2023 Arising Out of PS. Case No.-352 Year-2022 Thana- PIPRA District- East Champaran ====================================================== Pappu Prasad @ Papu Prasad Son Of Ramswarup Prasad @ Ram Swaroop Bhagat Village- Madhurapur Ps- Pipra Dist- East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, the allegation against the accused person including the petitioner is that due to passage dispute, they committed murder of the informant's husband by pressing his neck.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The deceased and the petitioner is own brothers and due to passage dispute he has falsely been implicated in this case.

Patna High Court CR. MISC. No.35825 of 2023(3) dt.03-08-2023 2/2 There is no injury found on the body of the deceased. As per Annexure-2, Postmortem Report is not in-consonance with the prosecution case. It is further submitted that no consistent material has come out against the petitioner. Moreover, he is languishing in judicial custody since 09.12.2022.

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

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 Pipra P.S. Case No. 352 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 CJM East Champaran, Motihari.

(Sunil Kumar Panwar, J) Manishkumar/- U T