Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14065 of 2022 Arising Out of PS. Case No.-124 Year-2021 Thana- LAURIA District- West Champaran ====================================================== Manish Rai Son Of Anil Kumar Rai R/O - Kataria, P.S.- Lauriya, DistrictWest Champaran, (BETTIAH), Bihar Pin-845453 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23436 of 2022 Arising Out of PS. Case No.-124 Year-2021 Thana- LAURIA District- West Champaran ====================================================== Pappu Yadav Son Of Ramshankar Yadav R/O - Nai Bazar, Chaura- Chauri, P.S.- Jhangra, District- Gorakhpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 14065 of 2022) For the Petitioner/s :

Mr. Priya Ranjan Prasad, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP (In CRIMINAL MISCELLANEOUS No. 23436 of 2022) For the Petitioner/s :

Mr. Jitendra Kumar Giri, Adv.

For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsels for the petitioners, learned counsel for the informant and learned A.P.Ps. for the State. The petitioners seek regular bail in connection with Lauriya P.S. Case No. 124 of 2021 lodged under Sections

Patna High Court CR. MISC. No.14065 of 2022(3) dt.03-11-2022 2/3 364/302/120(B)/201/34 of the I.P.C.

As per the information, the informant has disclosed that his brother has went to meet with a person after informing to his bhabhi but he has not returned and thereafter, the present F.I.R. has been filed against unknown relating to kidnapping. Learned counsels for the petitioners submit that petitioners of both the cases are not named in the F.I.R. It has been submitted that there is nothing incriminating for any cogent evidence, save and except the confessional statement is there in the entire investigation. Neither body nor alleged arms or vehicle used to be recovered by the police in the investigation. Counsels for the petitioners submit that petitioner of first case is in custody since 17.09.2021 and petitioner of second case is in custody since 25.09.2021. Antecedent of both the petitioners are clean, charge sheet as well as charge has already been framed and trial has commenced in this case. Learned counsels for the State opposes the prayer for bail.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that the name of the petitioners have come in confessional statement. The mode also narrated that how they have committed the crime but it has been

Patna High Court CR. MISC. No.14065 of 2022(3) dt.03-11-2022 3/3 accepted by them that the materials used in the crime has not been recovered.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Bettiah in connection with Lauriya P.S. Case No. 124 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T