Pappu Rai @ Pappu Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26635 of 2018 Arising Out of PS.Case No. -563 Year- 2017 Thana -SONEPUR District- SARAN ====================================================== PAPPU RAI @ PAPPU ROY S/o Late Mahendra Rai, R/o Vill- Kurji, Gate No.-65, P.S.- Digha, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections-302/120(B) of the Indian Penal Code and 27 of the Arms Act. The FIR would reveal that there is no witness of the occurrence of murder. However, strong suspicion has been raised against the petitioner and others to have committed the murder of brother of the informant for the reason of old dispute as well as threat, given by the petitioner and other named accused persons. Submission of learned counsel for the petitioner is that the deceased was a junior engineer. There is no witness of the occurrence. Co-accused Vidya Sagar Choudhary having similar

Patna High Court Cr.Misc. No.26635 of 2018 (3) dt.30-05-2018 allegation, has already been granted anticipatory bail by the learned Sessions Judge, Chhapra, in ABP No. 3350 of 2017. Learned counsel for the informant opposed the prayer for anticipatory bail on the basis of aforesaid material available on the record.

Considering the facts that there is no substantial material against the petitioner to compel him to go to jail, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the Court below where the case is pending in connection with Sonepur P.S. Case No. 563 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which, the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) A.K.V./- U T