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

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

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on bail after framing of charge in connection with Parsa P.S. Case No. 142 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned ACJM-13, Saran at Chhapra.

Issue for consideration

Whether the petitioner, in custody since 2.8.2023 in connection with Parsa P.S. Case No. 142 of 2017 (offences under IPC ss.147, 148, 149, 341, 323, 324, 307, 427, 435, 302 and Explosive Substance Act ss.3/4), is entitled to regular bail.

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the custody of the petitioner, the Court found itself inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail after framing of charge in connection with Parsa P.S. Case No. 142 of 2017, on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned ACJM-13, Saran at Chhapra.

Detailed headnote1 paragraphs

Patna High Court (Sunil Kumar Panwar, J.), oral order dated 19-03-2024, allowed the prayer for regular bail of Pappu Kumar @ Pappu Kumar Rai, accused in Parsa P.S. Case No. 142 of 2017 (District Saran), registered under sections 147, 148, 149, 341, 323, 324, 307, 427, 435, 302 IPC and sections 3/4 of the Explosive Substance Act. The prosecution alleged that the informant, assaulted by the petitioner and other FIR-named accused, died during treatment, the petitioner being specifically alleged to have cut the informant's left finger with a bhala; counsel submitted that the bomb-hurling overt act lay against co-accused Raghubansh Rai, that there was a case and counter case with one death from the petitioner's side, that the petitioner had no criminal antecedent and was in custody since 2.8.2023, and that co-accused Manager Rai had been bailed by a coordinate Bench on 3.4.2018 in Cr. Misc. No. 5300 of 2018. Considering the facts, circumstances and custody, the Court directed release on bail after framing of charge on a bail bond of Rs.10,000/- with two like sureties to the satisfaction of ACJM-13, Saran at Chhapra.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81899 of 2023

Arising Out of PS. Case No.-142 Year-2017 Thana- PARSA District- Saran

======================================================

PAPPU KUMAR @ PAPPU KUMAR RAI S/O MANAGER RAI R/O VILLAGE- BHALWAHIYA, P.S- PARSA, DISTT.- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ram Binod Singh For the Opposite Party/s : Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

3 19-03-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 427, 435, 302 of the Indian Penal Code and sections 3/4 of Explosive Substance Act.

As per prosecution case, allegation against the petitioner along with other FIR named accused persons is of assaulting the informant due to which he sustained injury and died during course of treatment. The petitioner is specifically been alleged to assault by means of bhala as a result of which left finger of the informant was cut.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.81899 of 2023(3) dt.19-03-2024 2/3

the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to old dispute between the parties. It is also submitted that the specific overtact of hurling bomb on the informant is against co-accused Raghubansh Rai. The only allegation against this petitioner to cut the finger of the informant by means of bhala . There is also case and counter case in which one person was died from petitioner’s side. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 2.8.2023. Other co-accused Manager Rai has already been enlarged on bail granted by co-ordinate Bench of this Court vide order dt 3.4.2018 passed in Cr. Misc. No. 5300 of 2018.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge in connection with Parsa P.S. Case No. 142 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.81899 of 2023(3) dt.19-03-2024 3/3

amount each to the satisfaction of learned ACJM-13, Saran at

Chhapra.

(Sunil Kumar Panwar, J)

Amandeep/- U T