Patna High CourtCR. MISC./21081/2019bail granted

Pappu Srivastava v. The State Of Bihar

2019-04-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21081 of 2019 Arising Out of PS. Case No.-9 Year-2006 Thana- DURAULI District- Siwan ====================================================== PAPPU SRIVASTAVA, son of late Kanhaiyalal Srivastava, resident of village -Tiwari Mathihiniya, P.S.-Bishambharpur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Darauli P.S. Case No.09 of 2006 instituted for the offence under Section(s) 392 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. No Test Identification Parade has been held. No incriminating article has been recovered from his possession. Name of the petitioner has come during investigation merely on suspicion in the statement of witness Prabhu Nath Singh recorded in para 57 of the case diary.

The Additional Sessions Judge has mentioned about the statement of Prabhu Nath Singh, wherein, he has stated that

Patna High Court CR. MISC. No.21081 of 2019(2) dt.04-04-2019 2/2 there is rumour in the village that Ajay Singh has got the occurrence done with the help of this petitioner and other accused.

Petitioner is in custody since 30.11.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Darauli P.S. Case No.09 of 2006, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T