Pappu Kumar @ Pappu Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35179 of 2018 Arising Out of PS. Case No.-113 Year-2017 Thana- NAWAKOTHI District- Begusarai ====================================================== Pappu Kumar @ Pappu Kumar Mahto, S/o Naresh Mahto, R/o VillageRamauli, P.S.- Nawkothi, Dist.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh For the Opposite Party/s :
Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Nowkothi P.S. Case No. 113 of 2017 registered for the offence punishable under Sections 307, 384/34 of the Indian Penal Code and Section 27 of the Arms Act.
Informant is the uncle of injured who in his written complaint has stated that on 17.12.2017 at about 8:30 pm when his nephew was returning back, he was shot by some criminals and in the injured state he called him on mobile and stated that he has been shot by some criminals. He thereafter along with his nephew Raju Kumar went there on motorcycle and took injured to the hospital where he was
Patna High Court Cr.Misc. No.35179 of 2018(3) dt.16-08-2018 2/3 being treated. He saw five criminals fleeing away and he could recognize one criminal as Pappu Kumar Mahato. Earlier there was also demand of ransom of Rs. 2 Lacs from them and for which he lodged complaint before the Superintendent of Police as well as Officer-in-charge and due to not paying the ransom amount present incident has been committed by the criminals.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. In the statement recorded under Section 161 of the Cr.P.C Rajiv Kumar injured has named three criminals in which allegation against Chun Chun Kumar and Anand Mohan is of causing fire arm injury. There is allegation made by the injured against the petitioner also. It has been submitted that one of the accused Anand Mohan has been granted bail vide order dated 06.07.2018 in Criminal Miscellaneous No. 34236 of 2018 and the case of the petitioner is on better footing. Petitioner has got no criminal antecedent and is in custody since 21.12.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on
Patna High Court Cr.Misc. No.35179 of 2018(3) dt.16-08-2018 3/3 bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai, in connection with Nowkothi P.S. Case No. 113 of 2017. (S. Kumar, J) ranjan/- U