Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13096 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- JAIPUR District- Banka * ====================================================== PAPPU KUMAR YADAV, aged about 30 years, (M) Son of Late Kartik Yadav R/o Village- Dahua, P.S- Saraiyahat, Distt.- Dumka,(Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-03-2019 Heard learned counsel for the parties.

Let the defect no. 6 (1) may be ignored for the present.

Petitioner seeks bail in Jaipur P.S. Case No. 56 of 2018 registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code and under Section 4/40 B.M.M. Rules 1972, 4/21(i), 21 (4A) M.M.D.R. Act 1957. Informant who is a police officer has stated in his written complaint that on 29.12.2018 at about 3:00 A.M. when he was on patrolling duty he stopped a tractor loaded with sand and on seeing police party driver of the said tractor started to flee away but he was apprehended by the police and on demand

Patna High Court CR. MISC. No.13096 of 2019(2) dt.05-03-2019 2/3 no valid documents were produced by him.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from his possession. Petitioner has got no criminal antecedent and is in custody since 31.12.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Jaipur P.S. Case No. 56 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.13096 of 2019(2) dt.05-03-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T