Pappu Kumar Mehta @ Pappu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Pappu Kumar Mehta @ Pappu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release 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.

Issue for consideration

Whether petitioner Pappu Kumar Mehta @ Pappu Kumar, in judicial custody since 25.05.2023 in connection with Raghopur P.S. Case No. 197 of 2023 (offences punishable under Sections 307, 302, 394/34 IPC and Section 27 Arms Act), should be released on bail.

Court's answer

Bail is granted to the petitioner considering the entire facts and circumstances of the case, the period of custody undergone, and the claim based on parity with a co-accused granted bail by a Co-ordinate Bench.

Ratio / Principle

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

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 2312 of 2024, decision 29-01-2024 (Rudra Prakash Mishra, J): Bail granted to Pappu Kumar Mehta @ Pappu Kumar in connection with Raghopur P.S. Case No. 197 of 2023, District Supaul - instituted for offences punishable under Sections 307, 302, 394/34 of the Indian Penal Code and Section 27 of the Arms Act, arising from allegations that three miscreants fired upon the informant and Dilip Kumar Yadav while they were travelling on a motorcycle, causing the death of Dilip Kumar Yadav, and took the informant's gold chain and gold ring. Petitioner had been in judicial custody since 25.05.2023, reported one criminal antecedent, and (per counsel) had not been put on Test Identification Parade. Bail was granted considering the facts and circumstances of the case, the period of custody undergone, and the petitioner's claim of parity with a similarly situated co-accused granted bail by a Co-ordinate Bench of this Court on 09.01.2024 in Cr. Misc. No. 79062 of 2023; release ordered on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below.

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

2 29-01-2024

Heard learned counsel for the petitioner and learned

APP for the State.

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.

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.

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.

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

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.

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)