Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45417 of 2015 Arising Out of PS.Case No. -140 Year- 2015 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Pappu Kumar son of Jagdew Rai, Resident of village- Mirjapur, P.S.- Bochaha, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Smt. Anuradha Singh (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 30-09-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Pappu Kumar, in connection with Darbhanga Sadar Police Station Case No.140 of 2015, under Sections 328, 307 and 120B of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Ravi Ranjan, learned Counsel, appearing for the petitioner, and Mrs. Anuradha Singh, learned Additional Public Prosecutor, appearing on behalf of the State. The petitioner was taken into custody, on 15.04.2015, on the basis of allegedly a confessional statement of co-accused Rahul Kumar @ Laltun Mahto, who has already been granted bail by order, dated 25.08.2015, passed, in Cr. Misc.

Patna High Court Cr.Misc. No.45417 of 2015 (2) dt.30-09-2015 2/3 No.36809 of 2015.

In view of the fact that the accused above-named has been in custody since 15.04.2015 in connection with the case aforementioned and the only incriminating material against him is the confessional statement allegedly made by the co-accused to the police coupled with the fact that on perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Darbhagna Sadar Police Station Case No.140 of 2015.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court

Patna High Court Cr.Misc. No.45417 of 2015 (2) dt.30-09-2015 3/3 below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) Sunil/- U T