Pappu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5188 of 2022 Arising Out of PS. Case No.-677 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== Pappu Sah S/O Rajdeo Sah R/o village- Gurwalia, P.S.- Bettiah Mufassil, Manuapool (O.P.), District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :
Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bettiah (Mufassil) Manuapool (O.P.) P.S. Case No. 677 of 2021 instituted for the offences under Sections 379, 411, 414, 420, 467, 468 and 471 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 21.11.2020, is a person with clean antecedent and charge-sheet has been submitted in the case. As per the F.I.R, on 20.11.2021, patrolling duty and checking the vehicles by the police personnel, one person was seen coming from the side of Yogapatti road by motorcycle and seeing the police, he tried to flee away by turning his bike. But he was caught by the armed force. On interrogation, he
Patna High Court CR. MISC. No.5188 of 2022(2) dt.08-06-2022 2/3 disclosed his name as Pappu Sah. Paper of the bike was demanded but he did not produce any paper of such bike and confessed that he has purchased alleged bike from a person of village Garbhua at the cost of Rs. 4000/- and the number plate of the bike is forged and fabricated. He further disclosed that he used to sale and purchase of stolen bike. Thereafter, informant seized the alleged bike after preparing seizure list and arrested the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Further, it is submitted that there is no case against the said motorcycle about theft. Petitioner is a footpath vendor of vegetables and while he was selling vegetables at evening the unknown person standing on the aforesaid motorcycle behind back. Thus, the petitioner is unknown about the aforesaid motorcycle. It is further submitted that petitioner is no any way connection of any selling or purchasing of any motorcycle. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 21.11.2020, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the
Patna High Court CR. MISC. No.5188 of 2022(2) dt.08-06-2022 3/3 petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Mufassil) Manuapool (O.P.) P.S. Case No. 677 of 2021.
(Khatim Reza, J) Gaurav Kumar/- U T