Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59553 of 2019 Arising Out of PS. Case No.-244 Year-2018 Thana- HASANPUR District- Samastipur ====================================================== PAPPU KUMAR Son of Vinod Mahto @ Vinod Kumar Resident of Village - Chandrapur, P.O.- Patna, Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shama Sinha For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the informant is also present.

The petitioner is in custody since 17.05.2019 in connection with Hasanpur P.S. Case No. 224 of 2018 registered for the offence punishable under Sections 147/148/149/341/ 323 /324 /326A/326B/307/354/504/506 of the Indian Penal Code. Learned counsel for the petitioner submits that there is allegation of acid attack, but the injuries have been found to be scattered and, therefore, the petitioner may be extended the privilege of bail.

Learned counsel appearing on behalf of the informant submits that other similarly situated co-accused Darshan Kumar and Binod Mahto had also approached this

Patna High Court CR. MISC. No.59553 of 2019(2) dt.21-10-2019 2/3 Court for grant of regular bail, but their case has been rejected. However, this Court had directed to expedite the trial and the injury report available with the case diary reveals that the Doctor has not noted the percentage of burn sustained by Raghvendra Kumar, aged about 20 years, son of Mr. Arvind Mehta of village Chanderpur, Police Station Hasanpur, District Samastipur, though the Doctor found five burn injuries on his person on the chest near the neck and on the upper limbs. The Court further observed that on physical look at Raghvendra Kumar in open Court, it is imperative on this Court to exercise power under Section 482 Cr.P.C.

and to direct the Principal Secretary, Department of Health, Government of Bihar, Patna to constitute a committee of Three Specialized Doctors of burn injuries to immediately examine the injuries on the person of the victim aforesaid and to submit a report within four weeks from today to this Court as well as to the Superintendent of Police, Samastipur in connection with the aforesaid police case and the Superintendent of Police, Samastipur is directed to submit the said report to the trial Court, according to law. Considering the entire gamut of circumstances and that the petitioner's case stand similarly situated to that of Darshan Kumar and Binod Mahto accused petitioners of Cr.

Patna High Court CR. MISC. No.59553 of 2019(2) dt.21-10-2019 3/3 Misc. No. 14945 of 2019 rejected vide order dated 15.05.2019, the prayer for bail of the petitioner is also rejected. (Anjana Mishra, J) Saif/- U T