Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71584 of 2023 Arising Out of PS. Case No.-147 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== Pappu Kumar Son Of Vasudev Mandal R/O Vill.- Phulkaahi, P.S.- Raghopur And Dist.- Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Verma For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364, 34 and 120B of the Indian Penal Code. Later on, Sections 302 and 201 of the IPC were added.
3. As per FIR, the son of the informant had love affairs with the daughter of one co-accused, namely, Vasudev Mandal. The daughter of the co-accused called the son of the informant and since then he was missing. Allegation against the petitioner along with other co-accused persons is that they committed murder of the son of the informant.
Patna High Court CR. MISC. No.71584 of 2023(3) dt.23-01-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. Nothing consistent material has come against the petitioner only on the basis of suspicion, he has been dragged in this case. There is no eye witness of the alleged occurrence. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide Annexure-2 of this petition. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.07.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Raghopur P.S. Case No. 147 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.71584 of 2023(3) dt.23-01-2024 3/3 learned ACJM, Birpur, Supaul.
(Sunil Kumar Panwar, J) Shubham/- U T