Pappu Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8045 of 2024 Arising Out of PS. Case No.-286 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== Pappu Sada S/O Bhadai Sada R/O Village-Pupri Mushhari Tola @ Pupri Moshari Tol, P.S.-Pupri, Dist.-Sitamarhi.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 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 379, 461, 414 of the Indian Penal Code.

As per allegation in the FIR, when the informant came to his shop and warehouse, in the morning, he found that the shutter of the shop was broken and after inspection of the same he found 14 boxes of Oil and 5-6 packets of rice were missing. He has strong belief that unknown thieves has committed

Patna High Court CR. MISC. No.8045 of 2024(2) dt.20-02-2024 2/3 theft in the shop of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his conscious possession. His name sprang up in this case on the basis of confessional statement of co-accused Kishan Kumar. Moreover, the petitioner is languishing in judicial custody since 7.7.2023. Similarly situated coaccused, namely, Kishan Kumar @ Krishna Das has been granted bail vide order dated 17.10.2023, passed in Cr. Misc. No. 67331 of 2023 by co-ordinate Bench of this Court. 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 and taking into consideration the facts and

Patna High Court CR. MISC. No.8045 of 2024(2) dt.20-02-2024 3/3 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 Pupri P.S. Case No. 286 of 2023 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 Sub Divisional Judicial Magistrate, Pupri, Sitamarhi.

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