Patna High CourtCR. MISC./26840/2024bail granted

Pappu Kumar Yadav v. The State Of Bihar

2024-07-26Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26840 of 2024 Arising Out of PS. Case No.-286 Year-2022 Thana- SINGHWARA District- Darbhanga ====================================================== Pappu Kumar Yadav, S/o Jivachh Yadav, R/o vill - Bokaha, P.S. - Saharghat, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and Mr. Ajay Kumar No.2, learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Singhwara P.S. Case No.286 of 2022 registered for the offences punishable under Section 379 of the Indian Penal Code. He has got no criminal antecedent.

3. As per the prosecution story, the informant who is the Home Guard Jawan of Singhwara Police Station alleged that in the premises of police station the Motor Vehicle Inspector got parked Truck bearing Reg. No.HR63A-9600 loaded with sand after seizure on 26.12.2022 where the truck driver Ritik Kumar and owner Pappu Kumar Yadav (the petitioner) were present and on the next day on 27.05.2022 when the informant returned after attending natural call he did not find the truck in the

Patna High Court CR. MISC. No.26840 of 2024(2) dt.26-07-2024 2/3 premises of the police station. The informant alleged that the driver and the owner have fled away with the truck.

4. Learned counsel for the petitioner submits that in identical circumstance, this Court has considered the prayer of the co-accused Ritik Kumar in Cr. Misc. No.65626 of 2023 and has been pleased to grant privilege of pre-arrest bail to the said petitioner vide order dated 18.10.2023. It is submitted that the case of the petitioner stands on similar footing with that of Ritik Kumar.

5. Learned A.P.P. for the State does not distinguish the case of the petitioner from the co-accused.

6. This Court has provided the reasoning and rationale for grant of pre-arrest bail to Ritik Kumar in paragraph '7' of it's order dated 18.10.2023 passed in Cr.Misc. No.65626 of 2023.

7. For the same reasons and rationale, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Darbhanga in connection with Singhwara P.S. Case No. 286 of 2022, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.26840 of 2024(2) dt.26-07-2024 3/3 the Cr.P.C.

8. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

9. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T