Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77483 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== PAPPU KUMAR Son of Shri Umesh Jha Resident of Village - Chakgarji, P.S.- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 328, 307, 379/34 of the Indian Penal Code. Allegation is that 3-4 unknown miscreants had taken away the lagage of the informant after administering Maja. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.06.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the basis of confession made by him in connection with another case. Except for this, there is no other substantive evidence to suggest

Patna High Court CR. MISC. No.77483 of 2019(2) dt.28-11-2019 2/2 his implication in this case. From perusal of the F.I.R., it appears that no offence under Section 307 of I.P.C. is made out. There is no allegation of assault alleged against the petitioner. So far allegation of theft is concerned, there is no recovery of any incriminating article from the possession of the petitioner. The petitioner has not been put on T.I.P. to ascertain regarding his participation in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not 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 learned Additional Chief Judicial Magistrate IV, Darbhanga in connection with L.N.M.U. P.S. case No.138 of 2019.

(Sudhir Singh, J) Narendra/- U T