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Patna High CourtCR. MISC./7107/2023allowed

Pappu Manjhi @ Pappu Kumar Manjhi v. The State Of Bihar

2023-05-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7107 of 2023 Arising Out of PS. Case No.-243 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== PAPPU MANJHI @ PAPPU KUMAR MANJHI Son of Baliram Manjhi Resident of Village- Jagat Tarwara, P.S.- Jantabajar, District- Chapra (Saran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that 4 motorcycle borne miscreants entered in the C.S.P. center and started firing and on the point of knife looted Rs. 5,00,000/- (five lakh rupees) on the point of pistol. One co-accused person was apprehended on spot who disclosed his name as Shailesh Kumar. He further

Patna High Court CR. MISC. No.7107 of 2023(2) dt.01-05-2023 2/3 disclosed the name of petitioner and other co-accused persons as the persons who fled away from the place of occurrence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner was not apprehended on spot. He has not been put on T.I. Parade Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Shailesh Kumar, who has already been granted bail vide order dated 13.04.2023, passed in Cr. Misc. No. 8040 of 2023 by this Moreover, the petitioner is languishing in judicial custody since 14.06.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.7107 of 2023(2) dt.01-05-2023 3/3 and taking into consideration 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 in connection with Basantpur P.S. Case No. 243 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan.

(Sunil Kumar Panwar, J) Nirajkrs/- U T