Pappu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32501 of 2024 Arising Out of PS. Case No.-14 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== Pappu Chaudhary S/o- Braham Narayan Chaudhry Village- W.No-9, Jaynagara Surjapur Ps- Pratapganj Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Raghopur P.S. Case No. 14 of 2022, registered on 10.01.2022 for the offences under Section 379 of the Indian Penal Code.

3. As per prosecution case, the motorcycle of the informant was stolen from a village 'Hat' and the name of the petitioner transpired during investigation as one of the miscreants involved in the theft.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no involvement of the petitioner in the whole occurrence and the police initially arrested one Neeraj Kumar

Patna High Court CR. MISC. No.32501 of 2024(3) dt.31-07-2024 2/3 who disclosed the name of co-accused Chandan Kumar Mehta who in turn disclosed the name of the petitioner along with other co-accused Shivshankar for being involved in the theft. However, Chandan Kumar Mehta is co-villager and having an inimical term with this petitioner and also named the petitioner in other cases as Chandan Kumar Mehta is a habitual offender. Learned counsel further submits that no incriminating article has been recovered from the person or possession of the petitioner and no material has come up during investigation to corroborate the allegation against the petitioner. The petitioner has been made accused in two other cases on saying of the co-accused Chandan Kumar Mehta and apart from that there is no criminal antecedent of the petitioner.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like

Patna High Court CR. MISC. No.32501 of 2024(3) dt.31-07-2024 3/3 amount each to the satisfaction of learned A.C.J.M.- 1st, Birpur (Supaul)/concerned court in connection with Raghopur P.S. Case No. 14 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T