Pappu Kumar Barma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56463 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- CHAKAI District- Jamui ====================================================== 1.

PAPPU KUMAR BARMA Son of Kamdeo Verma Resident of Village - Nagari, P.S.- Chakai, Distt.- Jamui.

2.

Bablu Kumar Verma Son of Kamdeo Verma Resident of Village - Nagari, P.S.- Chakai, Distt.- Jamui.

3.

Dharam Verma Son of late Horil Verma Resident of Village - Nagari, P.S.- Chakai, Distt.- Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Chakai P.S. Case no. 114 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 302 and 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, while the informant was installing his hand-pump, the same was objected by the several accused persons including the petitioners. On protest made by the informant, all the accused persons started to abuse and assault by means of iron rod and lathi to the informant and his son due to which his son Vikash Kumar Verma succumbed to the head injury. Learned counsel appearing on behalf of the petitioners has

Patna High Court CR. MISC. No.56463 of 2021(3) dt.28-06-2022 2/2 submitted that petitioners are innocent and have committed no offence. There is general and omnibus allegation against the petitioners. Specific allegation of overt act of assault is against Kamdev Verma, who has assaulted the deceased by iron rod on his head. He has got no criminal antecedent. From perusal of the postmortem report, it appears that doctor has opined the cause of death due to head injury. There is case and counter case. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner no. 1 and 2 on bail. The petitioner no. 1 and 2 are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Chakai P.S. Case no. 114 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jamui subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U