Pappu Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9897 of 2024 Arising Out of PS. Case No.-401 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== Pappu Kumar @ Chhotu Son Of Dwarika Yadav Resident Of Village - Jamuniya, P.S. - Madanpur, District - Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 353, 307 and 120B of the Indian Penal Code, Sections 25(1b)a, 26 and 35 of the Arms Act, Sections, 3, 4 and 5 of the Explosives Act and Sections 13, 16, 18 and 20 of the Unlawful Activities (Prevention Act), 1967.

3. The allegation against all the F.I.R. named accused persons including this petitioner is of hiding explosive substances and other firearms as part of the conspiracy for the Naxalite organization with the aim of causing harm to the police force.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.9897 of 2024(4) dt.02-05-2024 2/2 falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating article has been recovered from his conscious possession. He has no concern either with any Naxalite organization or the apprehended accused persons. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 10.01.2024 in Cr. Misc. No. 84641 of 2023. Moreover, the petitioner is languishing in judicial custody since 03.08.2023.

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

6. 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 in connection with Madanpur P.S. Case No. 401 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad(Bihar). (Sunil Kumar Panwar, J) Shubham/- U T