Gobind Das @ Pappu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11754 of 2025 Arising Out of PS. Case No.-106 Year-2024 Thana- PATAHI District- East Champaran ====================================================== Gobind Das @ Pappu son of Ganaur Das village- Harpur Sakra, Ps- Sakra, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar Tiwari, Adv.
For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Patahi P.S. Case No. 106 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that, on the alleged date and time of occurrence, three miscreants, boarded on motorcycle, came at the shop of the informant. It is further alleged that one of them entered the shop of the informant and looted cash to the tune of Rs. 10,000-15,000/- and threatened to kill him and, thereafter, all the accused persons fled away from there.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.11754 of 2025(2) dt.21-02-2025 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Mithilesh Kumar @ Lambu @ Dara who has been granted bail by this Court vide order dated 11.10.2024 passed in Cr. Misc. No. 74297 of 2024. Learned counsel further submitted that although arms and ammunition were recovered from the house of the petitioner, but the country made pistol has been recovered from the house of the co-accused Mithilesh Kumar. No looted article has also been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted in this case. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.10.2024 and has seven criminal antecedents and is on bail in all the cases as has been stated in Para-3 of the present bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner has altogether seven criminal antecedents.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner as also the prayer for bail being based on parity, this
Patna High Court CR. MISC. No.11754 of 2025(2) dt.21-02-2025 3/3 Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patahi P.S. Case No. 106 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) rishi/- U T