Pappu Yadav @ Pappu Kr. Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4816 of 2023 Arising Out of PS. Case No.-776 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Pappu Yadav @ Pappu Kr. Yadav S/O Nandu Yadav Resident Of VillageDhanawa, P.S.-Barachatti, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shri Krishna Pd. Singh, Sr. Advocate Mr.Sanjay Kr. Sinha, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Barachatti P.S. Case No. 776 of 2022 dated 27.08.2022 registered for the offences punishable under Sections 18, 20 and 22 of the N.D.P.S Act. As per the prosecution case, on seeing the police, two miscreants boarded on a motorcycle started fleeing away but they were apprehended by the police. On being asked, they disclosed their names as the petitioner Pappu Yadav and the co-
Patna High Court CR. MISC. No.4816 of 2023(2) dt.05-05-2023 2/3 accused Krishna Kumar. On search, Rs. 7,20,000/- was recovered from the dickey of the motorcycle. They further disclosed that they got this amount by selling opium. The coaccused Krishna Kumar also disclosed that opium was kept at his house and on search of his house, 5,400 kg Doda and 1 Kg brown sugar were recovered.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The said motorcycle did not belong to the petitioner .The co-accused Krishna kumar is the owner of the said motorcycle and he was driving the said motorcycle at the time of occurrence. The petitioner is also accused in two other criminal cases which are of similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 28.08.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.4816 of 2023(2) dt.05-05-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Barachatti P.S. Case No. 776 of 2022, with the condition :-
1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T