← Library
Patna High CourtCR. MISC./20350/2025bail granted

Pappu Kumar Soni @ Pappu Kumar Sonar v. The State Of Bihar

2025-04-30Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20350 of 2025 Arising Out of PS. Case No.-165 Year-2024 Thana- Raghunathpur District- East Champaran ====================================================== Pappu Kumar Soni @ Pappu Kumar Sonar S/o Late Madan Sah R/o VillageRaghunathpur, P.S.- Raghunathpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Raghunathpur P.S. Case No. 165 of 2024 for the offence registered under sections 303(2) and 317(4) of the BNS, 2023 lodged on 02.12.2024 by the informant Anil Tiwari.

3. As per the prosecution story, the informant upon some noise woke up and found a person leaving the place with his two mobiles/laptop. As he raised alarm, the said person was apprehended. He was Harsh Raj. He gave the name of his accomplice, the petitioner in that background, came in the present case.

4. Learned Counsel for the petitioner submits that a perusal of the FIR would show that he found a person leaving

Patna High Court CR. MISC. No.20350 of 2025(2) dt.30-04-2025 2/3 along with his two phones and laptop and in that background, when there was no associate as per the FIR itself, only because the petitioner has criminal antecedent and has been named by the accused to implicate him, in that background, he deserves relief.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the apprehended person has named him.

6. Considering the aforesaid facts as also the perusal of the FIR and the submissions of the parties, the person along with laptop and mobile was apprehended, the FIR shows that he was the person who carried the same, petitioner's name has come in the confessional statement, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Raghunathpur P.S. Case No. 165 of 2024 subject to condition as

Patna High Court CR. MISC. No.20350 of 2025(2) dt.30-04-2025 3/3 laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T