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Patna High CourtCR. MISC./34416/2021allowed

Pappu Kumar v. The State Of Bihar

2022-02-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34416 of 2021 Arising Out of PS. Case No.-719 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== PAPPU KUMAR Son of Indradeo Yadav Resident of Village- Goitha Mitha, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kr. Sinha For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

Four unknown miscreants are said to have looted the motorcycle, mobile and cash of Rs.1400/- along with other documents of the informant. Petitioner is not named in the F.I.R.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village

Patna High Court CR. MISC. No.34416 of 2021(2) dt.01-02-2022 2/2 politics. No incriminating article has been recovered from the conscious physical possession of the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has been made accused in the present case on the confessional statement of co-accused, Gautam Kumar, which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sherghati (Dobhi) P.S. Case No. 719 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Learned Court below is directed to verify the criminal antecedent of the petitioner before accepting his bail bond. (Anjani Kumar Sharan, J) Trivedi/- U T