Pappu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13057 of 2021 Arising Out of PS. Case No.-5 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== Pappu Sharma aged about 28 years, (Male) son of Murari Sharma, Resident of village- Tengra Police Station Barun District- Aurangabad. ... ... Petitioner

Versus

The State of Bihar ... ... Opp Party ====================================================== Appearance :

For the Petitioner :

Mr. Shailesh Kumar Singh Advocate For the State :

Ms. Pushpa Sinha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-07-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

2 Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.

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

4. The petitioner seeks bail in Madanpur PS Case No. 05 of 2020, instituted for the offence under Sections 386 and 387 of the Indian Penal Code.

5. Five persons have alleged come and demanding ransom on behalf of the PLFI party.

6. The learned counsel for the petitioner submits that petitioner is not named in the FIR. During course of investigation in the confessional statements of co-accused, namely, Raju Sao and Dasrath Yadav recorded in police custody,

Patna High Court CR. MISC. No.13057 of 2021(2) dt.09-07-2021 2/2 having no evidentiary value, the petitioner's name has surfaced in the instant case.. The said two persons have been allowed bail in Cr. Misc. No. 35772 of 2020 and 26404 of 2020 respectively. He is accused in one more case under the Excise Act. In the instant case, he is not even been put on TIP and he has been now in custody in the instant case since 04.09.2020.

7. The learned APP representing the State has opposed the prayer for bail.

8. Considering the rival submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Aurangabad, in connection with Madanpur PS Case No. 05 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T