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Patna High CourtCR. MISC./19690/2022allowed

Pappu Miya v. The State Of Bihar

2022-11-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19690 of 2022 Arising Out of PS. Case No.-138 Year-2019 Thana- JHAJHA District- Jamui ====================================================== Pappu Miya Son Of Daud Miya R/O Village- Kodadih, P.S.- Sono, DistrictJamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sourendra Pandey For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jhajha P.S. Case no. 138 of 2019 instituted for the offence under Section 394 of the Indian Penal Code.

As per allegation in the FIR, while the informant along with his colleague were proceeding for meeting with sum of Rs 85,483/- then several unknown persons started snatching the amount. It is further alleged that they assaulted with the butt of pistol and fled away with collected cash.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that on the basis of confessional

Patna High Court CR. MISC. No.19690 of 2022(3) dt.01-11-2022 2/2 statement of co-accused namely, Manoj Das, the name of the petitioner came into light. Neither the petitioner named in FIR and nor any stolen article has been recovered from his conscious possession.

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

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jhajha P.S. Case no. 138 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U