Pappu Kumar @ Pappu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12156 of 2023 Arising Out of PS. Case No.-24 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== PAPPU KUMAR @ PAPPU BHAGAT Son of Harinandan Bhagat R/vShahpur Bujurg, P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Rakesh :

Mr. Bramhaputra Singh, Ms. Poonam Kumari For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections395, 397 of the Indian Penal Code and Section 27 of Arms Act. As per prosecution case, a dacoity was committed in the branch of Bank where the informant has been working as Manager and while committing so, the dacoits took away Rs. 17,09,980/-. During course of this incident, one of the accused persons fired upon the public.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case only on the basis of confession made by

Patna High Court CR. MISC. No.12156 of 2023(3) dt.11-07-2023 2/2 co-accused Sudhir Sharma & Rajesh Sahni. Except confession, nothing has come against the petitioner. Neither the petitioner was put on TI Parade nor any incriminating material has been recovered from his conscious possession. Moreover, similarly situated co-accused namely, Rajesh Sahni has already been granted bail by a co-ordinate Bench of this Court vide order dt. 18.11.2022 passed in Cr. Misc. No. 44234 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 28.1.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sakra P.S. Case No. 24 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-18th, Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T