Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25677 of 2020 Arising Out of PS. Case No.-105 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== PAPPU YADAV S/o Murali Yadav @ Murli Yadav Resident of Village-Naya Tola, Jurabganj, P.S.-Korha (Kodha), District-Katihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bachan Jee Ojha, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-09-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under sections 399, 402, 401,414 of the Indian Penal Code and under sections 25/26/35 of the Arms Act. On suspicion, Police arrested the petitioner and recovered Rs.8500/-, Air pistol and two empty cartridges from his possession, whereas country made pistol, mobile phone and motorcycle were recovered from other accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and the allegation is false and concocted. In fact nothing incriminating has been recovered from the possession of the petitioner. Petitioner is daily wager and when he was in search of job police arrested and forwarded him in this case on 10.2.2020. Referring to the impugned order dated 19.6.2020, learned counsel further submits that similarly situated co-accused persons have already been allowed bail by the Court below itself vide orders passed in Bail petitions

Patna High Court CR. MISC. No.25677 of 2020(2) dt.29-09-2020 2/2 No.181 and 224 of 2020. Petitioner is in custody since 10.2.2020.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram town Police Station Case No. 105/2020, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T