← Library
Patna High CourtCR. MISC./49897/2022allowed

Pappu Kumar v. The State Of Bihar

2023-07-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49897 of 2022 Arising Out of PS. Case No.-843 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Pappu Kumar Son Of Harinandan Bhagat R/O Village- Shahpur Bujurg, P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Rakesh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 394, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of killing the brother of the informant and robbing his cash of Rs. 5-6 lakhs by unknown criminals.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.49897 of 2022(5) dt.17-07-2023 2/3 in the F.I.R and his name has figured during course of investigation in his own confession and except this, no substantive material evidence has been collected during the course of investigation against the petitioner. There is no eye witness to the occurrence. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has been remanded in the present case on 13.08.2021 from Maniyari P.S. Case No. 102 of 2021. Moreover, other co-accused has been granted privilege of bail by a coordinate Bench of this Court vide order dated 17.01.2022 passed in Cr. Misc. No. 41640 of 2021.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.49897 of 2022(5) dt.17-07-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Kudhani P.S. Case No. 843 of 2020.

(Sunil Kumar Panwar, J) Shageer/- U T