Pappu Chauhan @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40466 of 2023 Arising Out of PS. Case No.-128 Year-2021 Thana- KISHANPUR District- Supaul ====================================================== Pappu Chauhan @ Pappu Kumar Son Of Late Suresh Chauhan @ Suren Chauhan Resident Of Village- Sisauni, Ward No. 13, Ps- Kishanpur, DisttSupaul Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Kishanpur P.S. Case No. 128 of 2021 dated 02.07.2021 registered for the offences punishable u/ss 341, 323, 325, 302 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons started demanding 5 katha land as dowry from the informant's sister. When the informant's father came to know about this, he went to the in-laws house of her daughter and he was assaulted with lathi, danda, fists and slaps and due to which

Patna High Court CR. MISC. No.40466 of 2023(2) dt.24-07-2023 2/3 he fell unconscious on the ground. Thereafter, the informant's father was taken to the hospital where he died.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The co-accused persons have already been granted bail by the Coordinate Bench of this court vide order dated 14.03.2023 passed in Cr. Misc. No. 54602 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Kishanpur P.S. Case No. 128 of 2021 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.40466 of 2023(2) dt.24-07-2023 3/3 reasonable cause, his bail bonds are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T