Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1612 of 2022 Arising Out of PS. Case No.-26 Year-2021 Thana- PAWANA District- Bhojpur ====================================================== PAPPU YADAV Son of Satyadeo Singh @ Satyadev Singh R/o VillageKakan Dihara, P.S.- Pawana, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Pawana P.S. Case No. 26 of 2021 registered for the offence under Sections 302/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 24.08.2021.

The allegation against the petitioner is to commit murder of the brother of informant along with other co-accused persons. It is further alleged that there was love affairs between brother of the informant and daughter of the co-accused, namely, Satya Dev Singh, which appears to be main reason for

Patna High Court CR. MISC. No.1612 of 2022(4) dt.27-09-2022 2/3 present occurrence.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely been implicated in the present case, where allegation, against this petitioner is very much general and omnibus. It is submitted that informant is not the eyewitness of the occurrence. It is also submitted that mere on suspicion, as brother of the informant was in love affairs with the daughter of the co-accused, namely, Satya Dev Singh, the present false case has been lodged. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that informant is not the eye-witness of the occurrence.

Considering the facts and circumstances as mentioned above, as informant is not the eye-witness of the occurrence, where, allegation is very much general and omnibus against the petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in

Patna High Court CR. MISC. No.1612 of 2022(4) dt.27-09-2022 3/3 connection with Pawana P.S. Case No. 26 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhojpur at Ara/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T