Pappu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39728 of 2020 Arising Out of PS. Case No.-177 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Pappu Sharma, Male, aged about 32 years, son of Ramanuj Sharma, Resident of Village + Post Office- Hatta, P.S.- Chainpur, district- Kaimur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Pathak, Advocate For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in connection with Chainpur P.S. Case No. 177 of 2020 corresponding to G.R. No.1047 of 2020 registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code.
The prosecution story in brief is that one Nandlal Sharma, resident of village- Nandana gave a written information to the S.H.O. Chainpur police station and alleged inter alia is that his nephew Pradeep Sharma (deceased) was daily working Electric wiring in Hatta Bazar, who could not return on 07.06.2020 at his daily returned time, then, his wife Babita Devi called him at 7.00 P.M. on the mobile of his nephew, who told to return shortly, but could not return, she further called at 9.00
Patna High Court CR. MISC. No.39728 of 2020(3) dt.09-03-2021 2/3 P.M. but no response was made, however, sound of 4-5 persons was heard in the mobile and then after, the mobile was switched off. It is further stated that some persons went out for searching Pradeep Sharma, but he could not be searched out in the night. On 08.06.2020 at about 6.00 A.M., the sleeper of Pradeep Sharma was found near Tinanwa well and then it was suspected that after commiting murder of Pradeep Sharma, his dead body might have been dripped in the well, on search in the well, dead body of Pradeep Sharma was found. On call, police came there and in their presence dead body was taken out from the well. It is stated and alleged that named four persons have earlier threatened to kill Pradeep Sharma in respect of money of the deceased, then the informant has suspected for murder against them.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and the petitioner is not named in the F.I.R. On the basis of the statement of the spy, the petitioner has been made accused in the present case. Petitioner is in jail custody since 18.06.2020. Learned A.P.P. for the State has opposed the prayer for bail and submits that in paragraph-48 in the CDR of mobile of the co-accused Babita Sharma, it was found that she had spoken
Patna High Court CR. MISC. No.39728 of 2020(3) dt.09-03-2021 3/3 to the petitioner Pappu Sharma on his mobile no.8210581848 total 178 times and the calls were of long duration and on the date of occurrence also there is call record of talking for seven times between these two numbers.
In the facts and circumstances of the case, I am not inclined to enlarge the above named petitioner on bail. Accordingly, the prayer for bail of the above named petitioner in connection with Chainpur P.S. Case No.177 of 2020, corresponding to G.R. No.1047 of 2020 pending in the court of A.C.J.M.-II, Kaimur at Bhabua is hereby rejected at present. (Anjani Kumar Sharan, J) Nasimul/- U T