Pappu Singh @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50943 of 2016 Arising Out of PS.Case No. -307 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Pappu Singh @ Akhilesh Kumar, son of Shatrughan Singh, resident of Village- Bari-Aghu, P.S.- Mufassil, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Md.Imteyaz Ahmad, Advocate. For the Opposite Party : Mr. Md. Arif, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.06.2016 in connection with Begusarai (Town) P.S. Case No. 307 of 2016 for the offences instituted under Sections 302 and 120(B)/34 of the IPC.

The prosecution story, in brief, is that the necks of the informant's elder brother, Bhabhi and nephew have been cut by sharp cutting weapon by the miscreants and there were also injuries on their bodies. It is further alleged that co-accused Gopal Mandal, Raju Jha Murari Singh and this petitioner had visited his house and had threatened to his brother that he is taking the land situated by the side of Litchi Plant and do not intervene into the

Patna High Court Cr.Misc. No.50943 of 2016 (3) dt.20-12-2016 2/3 matter. His brother alongwith his partners, Visho Sharma, Gopal Mandal has purchased the land of Shankar Mahto beside the Litchi Plant in which both have 50% shares. Visho Sharma died earlier. Thereafter, dispute was going on between his brother and Gopal Mandal. Gopal Mandal, Raju Jha, this petitioner and Murari Singh and some unknown persons have given threatening to his brother for the dispute of land. It is suspected that the aforesaid persons have killed his brother, Bhabhi and nephew.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.06.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has been named in the FIR merely on the basis of suspicion. There is no substantive evidence to suggest his implication in the present case. The other co-accused has been granted bail by another Bench of this Court vide Cr. Misc. No. 45629/2016.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 C.J.M., Begusarai,

Patna High Court Cr.Misc. No.50943 of 2016 (3) dt.20-12-2016 3/3 in connection with Begusarai (Town) P.S. Case No. 307 of 2016. U.K./- (Sudhir Singh, J) U T