Pappu Rai @ Mogal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36896 of 2018 Arising Out of PS.Case No. -36 Year- 2018 Thana -DANAPUR District- PATNA ====================================================== Pappu Rai @ Mogal Rai, Son of Sri Satyadeo Rai, Resident of VillageGoriya Toli (Goaya Asthan), P.S.- Maner, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak,Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey,APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 20.02.2018 in connection with Danapur P.S. Case No.36 of 2018 registered for the offence under Sections 385, 387 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the present case was lodged against unknown, but thereafter one Bablu was arrested, who has named the present petitioner. It is further submitted that extortion demand was made from Mobile bearing No.8804385040, which stood in the name of Bablu and said mobile was recovered from the possession of Bablu himself, but only because said Bablu has taken the name of the petitioner,

Patna High Court Cr.Misc. No.36896 of 2018 (2) dt.09-07-2018 2/3 the petitioner has been remanded in connection with the present case.

Considering the aforementioned facts and circumstances and that the petitioner has been named in the present case on the statement made before the police by coaccused, which has no evidentiary value, and that the petitioner, apart from the present case, has other criminal case, in which the petitioner has also been granted bail, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Danapur, in connection with Danapur P.S. Case No.36 of 2018, subject to the following conditions:

(1) One of the bailors will be the close relative of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court Cr.Misc. No.36896 of 2018 (2) dt.09-07-2018 3/3 (4)The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T