Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25268 of 2020 Arising Out of PS. Case No.-71 Year-2018 Thana- SANHAULA District- Bhagalpur ====================================================== PAPPU SINGH Son of Late Ankar Singh Resident of Village - Dogachhi (Tarar), P.S. - Sanhoula, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual court proceedings.

The petitioner seeks bail in a case registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code but later on Section 363, 376, 327 of the IPC and Section 4 of POCSO Act has been added.

On 27.11.2019, bail petition of the petitioner was rejected with liberty to renew his prayer for bail after completion of one year in custody, thereafter, the present application has been filed.

A report was also called for from the learned court below on 13.09.2020 which is received at flag-A.

Patna High Court CR. MISC. No.25268 of 2020(3) dt.11-11-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He submits that similarly situated co-accused have been granted bail by coordinate Benches of this Court in Cr. Misc. No. 45266 of 2018 on 09.08.2018 and in Cr. Misc. No. 1959 of 2019 of 15.01.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO), Bhagalpur in connection with Sanhola Police Station Case No. 71 of 2018, G.R. No. 1720 of 2018, subject to the conditions:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.25268 of 2020(3) dt.11-11-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T