Pappu Pandey @ Rajeev Ranjan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31859 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pappu Pandey @ Rajeev Ranjan Pandey Son of Late Harihar Nath Pandey resident of village - Sariyatpur, Khan Tola, P.S. Pipra, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302, 120(B) of the Indian Penal Code and under section 27 of Arms Act.

The informant alleged that on the date of occurrence Tripti Singh called him on his telephone that his father was shot. On such the informant went to the place of occurrence and saw Kunal Singh fleeing away firing in the air. One unknown was driving the motor cycle. The informant further alleged that Kunal Singh was living at the house of Pappu Pandey and used to drive the motor cycle of Pappu Pandey. Kunal Singh had demanded extortion from the father of informant. The informant further disclosed that the petitioner and one Rudal Pandey asked the

Patna High Court Cr.Misc. No.31859 of 2015 (2) dt.18-08-2015 2/2 deceased to pay extortion.

It is submitted that petitioner is well acquainted with the informant and deceased. The informant did not state anything about the presence of the petitioner at the place of occurrence. The informant only saw Kunal Singh fleeing away from the place of occurrence and one unknown person was driving the motor cycle. On the other hand, the learned Additional Public Prosecutor, however, opposed the prayer for bail. It appears that the informant did not name the petitioner as one of the person who fled away from the place of occurrence after firing. The informant named only Kunal Singh who was fleeing away on a motor cycle firing in the air and the driver of motor cycle was unknown.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in Piprakothi P.S. Case No. 47/2015. (Prabhat Kumar Jha, J) BKS/- U T