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Patna High CourtCR. MISC./7039/2023bail granted

Pappu Yadav v. The State Of Bihar

2023-05-11Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7039 of 2023 Arising Out of PS. Case No.-152 Year-2022 Thana- KHAJAULI District- Madhubani ====================================================== PAPPU YADAV S/O BISHUN DEV YADAV R/v- Khairamath, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Mr. Gagan Deo Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Khajauli P.S. Case No. 152 of 2022, registered for the offences punishable under Sections 395 of the Indian Penal Code.

As per allegation, some unknown miscreants committed dacoity in the house of the informant. The learned counsel for the petitioner has submitted that the name of this petitioner figured on the basis of confessional statement of co-accused Md. Gulab @ Md. Gulab Ansari from whose possession cash and mobile was recovered, has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 67859 of 2022, whereas a bag, Rs. 38,000/- cash and some keys of almirah were recovered from the possession of the petitioner. He has also submitted that no TIP has been done. The case of the petitioner is on better footing.

Patna High Court CR. MISC. No.7039 of 2023(2) dt.11-05-2023 2/2 Considering the above-mentioned facts and circumstances, especially the fact that co-accused Md. Gulab on similar allegation has been granted bail by the coordinate bench of this court, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned court of Sri G. Siromani J.M. Ist Madhubani in connection with Khajauli P.S. Case No. 152 of 2022, subject to the following conditions:- (i) If it is found that the petitioner is involved in any other case except the cases mentioned in paragraph No. 3 of his bail petition, the learned court below shall not accept his bail bond.

(ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(iii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Sudha/Sonali U T