Pappu Rai @ Pappu Ray @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63570 of 2022 Arising Out of PS. Case No.-241 Year-2013 Thana- BIDUPUR District- Vaishali ====================================================== Pappu Rai @ Pappu Ray @ Pappu Kumar Son Of Umesh Ray R/V- Chak Thakurshi @ Kusiari, P.S- Biddupur, Dist- Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bidupur P.S. Case No. 241 of 2013 registered under sections 302, 201 and 34 of the Indian Penal Code.

Prosecution case in short is that the mother-in-law of the deceased had executed the sale deed in favour of Gotni of the deceased in respect of some lands, due to which, dispute arose between the family and that was the reason of murder of the deceased.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is pattidar/villager of the deceased due to which

Patna High Court CR. MISC. No.63570 of 2022(2) dt.21-02-2023 2/3 he has falsely been implicated in this case. It is further submitted that during the course of investigation, several witnesses have been examined by the investigating officer of this case, but no any cogent and substantial material has been collected against the petitioner. No one has seen the actual killing of the deceased. There is no specific allegations have been attributed against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by different co-ordinate Bench of this Court vide order dated 27.01.2015 in Cr. Misc. No. 37141 of 2014. The petitioner is languishing in judicial custody since 26.07.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bidupur P.S. Case No. 241 of 2013 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.63570 of 2022(2) dt.21-02-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XI, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) shubham/- U T