Pappu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64255 of 2019 Arising Out of PS. Case No.-554 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== PAPPU PANDEY (Male), aged about 29 years, Son of Late Lakhan Pandey, Resident of Mohalla- Murarupur, B.N. Jha Road, Police Station- Kotwali and District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manish Kumar No. 2, Advocate.

For the Opposite Party :

Mr.Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323 and 304/34 of the IPC. The prosecution story, in brief, is that the petitioner alongwith other accused persons assaulted and pushed the deceased from the roof as a result thereof, she fell down and received injury. Ultimately, she died during treatment in P.M.C.H.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 02.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Both parties are agnates. Due to property dispute,

Patna High Court CR. MISC. No.64255 of 2019(2) dt.17-10-2019 2/2 the alleged occurrence has taken place. It is alleged that the accused persons including the petitioner had pushed the deceased from the Terrace. He had no intention to commit murder of the deceased. The case has been instituted for an offence under Section 304 of the IPC. It is, at best, a case for an offence under Section 304 (Part-2) of the I.P.C. Similarly situated co-accused has been granted bail by another Coordinate Bench of this Court vide Cr. Misc. No. 42727 of 2019 under order dated 10.07.2019 vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Gaya, in connection with Kotwali P.S. Case No. 554 of 2018.

(Sudhir Singh, J) U.K./- U T