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Patna High CourtCR. MISC./3796/2024allowed

Pappu Kumar Dev v. The State Of Bihar

2024-03-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3796 of 2024 Arising Out of PS. Case No.-457 Year-2023 Thana- BAHADURPUR District- Darbhanga ====================================================== Pappu Kumar Dev Son of Dev Narayan Dev R/o vill - Tikkapatti, P.S. - Alinagar, Distt. - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 120B, 323, 333, 381, 408, 420, 440, 462, 468, 504, 506/34 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner along with others is of misappropriating an amount of Rs. 30,00,000/- from the informant's factory and also abused and assaulted him and his employee, they threatened them and snatched mobile phone of his factory.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Petitioner is ex-staff of the M/s Parmanand Kumar. No incriminating/stolen articles

Patna High Court CR. MISC. No.3796 of 2024(3) dt.21-03-2024 2/2 have been recovered from the conscious possession of the petitioner. The date of occurrence is of 25.06.2023 and the present complaint has been filed on 24.08.2023 without such explanation of delay. There is no documentary proof to show that the petitioner misappropriated the as alleged amount. He is languishing in judicial custody since 10.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st, Dharbhanga in connection with Bahadurpur P.S. Case No. 457 of 2023. (Sunil Kumar Panwar, J) Arish/- U T