Pappu Singh @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44163 of 2022 Arising Out of PS. Case No.-94 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Pappu Singh @ Pappu Kumar Son of Late Julum Singh Resident of villageChhoti Tenlaila, P.S.- Naubatpur, District - Patna, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Brijmani Devi wife of Shri Rambabu Singh Resident of village- Chhoti Tenlaila, P.S.- Naubatpur, District - Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Pd. Singh, Advocate For the Opposite Party/s :

Mr.Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 94 of 2022 registered for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code and 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 23.03.2022.

The allegation against the petitioner is to commit murder of brother-in-law of the informant, along with other co-

Patna High Court CR. MISC. No.44163 of 2022(3) dt.30-11-2022 2/3 accused persons/family members, by causing fire arm injury, due to previous enmity.

Learned counsel appearing on behalf of the petitioner submitted that petitioner remanded in the present case on 23.03.2022 from Naubatpur P.S. Case No. 93 of 2020, where he was in custody since 04.01.2022. It is submitted that apparently, on the date of occurrence, the petitioner was in judicial custody, where nothing surfaced, during the course of investigation, as he was one of the conspirators. It is further submitted that being father of the main co-accused, and in the background of previous enmity, the petitioner has been implicated falsely in this case. While concluding the argument, it is submitted that petitioner involved in eight (8) more criminal cases, where he was acquitted in six cases and, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as apparently, petitioner was in judicial custody at the time of occurrence in connection with Naubatpur P.S. Case No. 93 of 2020, where nothing surfaced, during the course of investigation on its face that petitioner was one of the

Patna High Court CR. MISC. No.44163 of 2022(3) dt.30-11-2022 3/3 conspirators coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Naubatpur P.S. Case No. 94 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Danapur (Patna)/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T