Pappu Kapri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57222 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== PAPPU KAPRI Son of Late Neti Kapri @ Nityanand Kapri Resident of Village - Tulsipur, P.S.- Kharik, District - Bhagalpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar Sinha For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the parties.
This application for grant of bail arises out of Kharik P.S. Case No. 158 of 2019 for the offence punishable under Sections 341, 323, 379, 504 and 406/34 of the Indian Penal Code and Section 37(b)(C) of the Bihar Excise and Prohibition Amendment Act, 2018.
Two persons have been named in the First Information Report. It is alleged that co-accused Golden Yadav was in inebriated condition and was carrying a firearm. It is also alleged that when the co-accused was pointing his firearm, aiming the informant, the petitioner started assaulting him. Coaccused Golden Yadav, at gun point, snatched informant's golden chain, it is alleged.
Learned counsel appearing on behalf of the petitioner has submitted that except for the allegation that the petitioner
Patna High Court CR. MISC. No.57222 of 2019(3) dt.04-12-2019 2/2 had assaulted the informant, there is no other allegation against him. The petitioner has no criminal antecedent, as has been stated in paragraph 3 of the application.
Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since 18.07.2019 and since charge-sheet has already been submitted, no tangible purpose would be served, if the petitioner is further allowed to remain in custody.
Considering the facts and circumstances and nature of accusation against the petitioner, this application is allowed. Let the petitioner, above named, be released 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 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Bhagalpur, in Kharik P.S. Case No. 158 of 2019. (Chakradhari Sharan Singh, J) Pawan/- U T