Pappu Kumar Mehta @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2312 of 2024 Arising Out of PS. Case No.-197 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== Pappu Kumar Mehta @ Pappu Kumar Son of Jamun Mehta Resident of Village - Satanpatti, Ward No. 9, P.S.- Ratanpur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Raghopur P.S. Case No. 197 of 2023, instituted for the offences punishable under Sections 307, 302, 394/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in nutshell, is that while the informant along with one Dilip Kumar Yadav was going on motorcycle, three miscreants on a motorcycle stopped them and fired upon the informant and Dilip Kumar Yadav, due to which informant sustained fire arm injury and Dilip Kumar Yadav succumbed to injuries. It is further alleged that miscreants also took gold chain and gold ring from the possession of informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.2312 of 2024(2) dt.29-01-2024 2/2 present case merely on suspicion. The petitioner has not been put on Test Identification Parade. The petitioner has one criminal antecedent as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 25.05.2023. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 09.01.2024 passed in Cr. Misc. No. 79062 of 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case, the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raghopur P.S. Case No. 197 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T