Pallu Kumar @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37950 of 2020 Arising Out of PS. Case No.-658 Year-2019 Thana- MASAUDHI District- Patna ====================================================== PALLU KUMAR @ PAPPU KUMAR S/o Nagendra Prasad Resident of Village- Puranchak, P.S.- Masaurhi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 427, 504/34 of the Indian Penal Code.

The prosecution allegation, in short, is that on dispute of property, the accused persons, variously armed, assaulted the family members of the informant and when informant went to rescue, he was also assaulted by the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.37950 of 2020(3) dt.20-09-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Judicial Magistrate, 1st Class, Masaurahi, Patna in connection with Masaurahi P.S. Case No. 658 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection

Patna High Court CR. MISC. No.37950 of 2020(3) dt.20-09-2021 3/3 with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T