CR. MISC./43915/2016 of Pappu Kumar @ Pappu @ Navin Kumar Vs The State Of Bihar on 23 December 2016

1. The State of Bihar

.... .... Opposite Party/s ====================================================== Appearance :For the Petitioner/s : Mr. Sanjay Kumar Sharma For the State Mr. Yogendra Kumar For the informant Mr. Jagjit Roshan ======================================================

CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVAORAL ORDER

04/ 23.12.2016

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner seeks bail in a case registered under section 302 and other minor sections of the Indian Penal Code and 27 of the Arms Act as well as section 17 C.L.A. Act.

Petitioner is not named in the first information report and it is alleged that two known and seven unknown persons came and made indiscriminate firings by AK 47 as a result whereof Manoj Singh died on the spot. However, in course of investigation, one Nandlal Bhuiyan was arrested and made his confessional statement disclosing the involvement of the petitioner. Subsequently, some witnesses also stated that this petitioner was involved in the present crime and, as a matter of fact, he had played the role of spy.

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Petitioner is in jail custody since 24.6.2016 and even if the prosecution story assumed to be true, then also, it is admitted case of the prosecution that the petitioner had not participated in the actual killing of the deceased. Petitioner does not have any criminal antecedent.

Accordingly, petitioner is directed 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 Chief Judicial Magistrate, Aurangabad in Deo P.S. Case no. 29/2016.

(Hemant Kumar Srivastava,J)