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Patna High CourtCR. MISC./39272/2022dismissed

Pappu Kumar v. The State Of Bihar

2023-02-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39272 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== PAPPU KUMAR Son of Late Baban Rai Resident of Village - Karahi Khurd , P.s.- Basantpur, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mrs.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within four weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he along with other persons killed the brother of the informant and threw his body near sarhatti chamber.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner has been made accused

Patna High Court CR. MISC. No.39272 of 2022(5) dt.16-02-2023 2/2 on the basis of the confessional statement of the co-accused. He submits that there is no eye witness of the occurrence. He further submits that petitioner has got two criminal antecedents as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submitted that the petitioner is involved in the present case and there is ample evidence against the petitioner in the case diary. Hence, he does not deserve anticipatory bail.

Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Bhagwanpur Hat P.S. Case No. 71/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T