Petitioner sought regular bail in a murder case involving assault resulting in death. Court found specific allegations against the accused, found investigation complete, and rejected the bail prayer.
Prayer for regular bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58450 of 2021
Arising Out of PS. Case No.-50 Year-2020 Thana- TANKUPPA District- Gaya
======================================================
PAPPU KUMAR @ PAPPU YADAV Son of Krishan Yadav Resident of Village- Kharauna, Police STation- Tankuppa, District- Gaya.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No. 2 For the Opposite Party/s : Mr.Binod Kumar Mr. Arvind Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 28-03-2022
Heard learned counsel for the petitioner the State and
the informant.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.
As per the prosecution case, this petitioner along with other two FIR named accused persons assaulted the informant, Devan Yadav, Kamlesh Yadav and Arun Kumar as a result of which they sustained injuries and Devan Yadav died during the course of treatment.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that there is land dispute between the parties and on account of land dispute some altercation took
Patna High Court CR. MISC. No.58450 of 2021(3) dt.28-03-2022 2/2
place in which both sides sustained injuries. There is case and counter case and the present case is counter blast of Tankuppa PS Case No. 51/2020 lodged by one of the co-accused, Upendra Yadav, against the informant and others. There is general and omnibus allegation against this petitioner and no specific overt act has been alleged against him. Petitioner claims clean antecedent and is in custody since 12.06.2021 and investigation in this case is complete.
Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that there is direct and specific allegation against this petitioner that he along with two other FIR named accused persons assaulted the informant, Devan Yadav, Kamlesh Yadav and Arun Kumar as a result of which they sustained injuries and Devan Yadav died during the course of treatment.
Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
BKS/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case of alleged murder where investigation is complete and the accused is in custody.
1 provisions across 1 enactments
Pappu Kumar @ Pappu Yadav
State of Bihar
Prabhut Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
