← Library
Patna High CourtCR. MISC./70220/2022allowed

Pappu Kumar Sah v. The State Of Bihar

2023-04-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70220 of 2022 Arising Out of PS. Case No.-177 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== PAPPU KUMAR SAH Son of Reshamlal Sah @ Rameshlal Sah R/o Sahebganj Itahari, P.S- Murliganj, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B and 34 of the Indian Penal Code and 27 of the Arms Act. The allegation against the petitioner along with others is of killing the daughter of the informant namely Ranju Devi @ Sanju Kumari by means of shot firing and sharp cutting weapon, who is the second wife of co-accused Vivek Kumar Sah. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.70220 of 2022(3) dt.19-04-2023 2/3 local politics and ulterior motive of the informant. He has committed no offence. He submitted that the deceased is the daughter of the informant and she was the second wife of coaccused Vivek Kumar Sah. There is specific allegation against co-accused Vivek Kumar Sah and Renu Devi, who is the first wife of co-accused Vivek Kumar Sah, who were always using threatening to kill the daughter of the informant due to domestic dispute between the Sautan. There is general and omnibus allegation against the petitioner. He submitted that there is no consistent evidence and no eye-witness to the said occurrence, only on the basis of suspicion, the petitioner has implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 27.04.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court

Patna High Court CR. MISC. No.70220 of 2022(3) dt.19-04-2023 3/3 of 1st Additional Sessions Judge, Madhepura in connection with Murliganj P.S. Case No. 177 of 2021.

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