Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40998 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- JANKINAGAR District- Purnia ====================================================== PAPPU KUMAR Son of Late Sadanand Yadav Resident of Village- Karwaili, P.S.- Kumarkhand, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Janki Nagar P.S. Case No. 144/2020, registered for the offence punishable under Section 395 of the Indian Penal Code.

The allegation is regarding unknown miscreants having intercepted the informant and looted his laptop, mobile and cash sum of Rs. 11,000/-, whereafter the said unknown miscreants had fled away. It is also alleged that while fleeing away, the miscreants had left one of their motorcycle at the place of occurrence.

Patna High Court CR. MISC. No.40998 of 2021(2) dt.03-01-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that after the petitioner was arrested in the present case, he has been remanded in two other cases and except the said two cases, the petitioner is not an accused in any other criminal case. It is further submitted that neither any Test Identification Parade has taken place nor any looted articles have been recovered from the conscious possession of the petitioner, hence, apparently, the petitioner is not having any complicity in the present case.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither any Test Identification Parade has

Patna High Court CR. MISC. No.40998 of 2021(2) dt.03-01-2022 3/3 taken place nor any looted articles have been recovered from the conscious possession of the petitioner, prima facie, this Court finds that the petitioner is not having any complicity in the matter, hence, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with Janki Nagar P.S.Case No. 144/2020.

(Mohit Kumar Shah, J) Ajay/- U T