Pappu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31646 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== Pappu Chaudhary Son of Late Bishun Chaudhary @ Late Vishun Chaudhary Resident of Village-Billari, P.S.-Katrisrai, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Pandey, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 01.03.2019 has preferred this application for bail in connection with Sheikhpura P.S. Case No. 94 of 2019 registered for offence punishable under sections 406,420, 467, 468, 470 and 471 of the Indian Penal Code.

As per the allegation in the FIR, the informant along with the police party, on receiving information that some boys belonging to a gang had been seen, proceeded on raid. It is alleged that on seeing the police party, four boys made an attempt to escape but three of them were chased and caught who disclosed their names as Sudhanshu Kumar, Kunal Kumar and Pappu Choudhary. It is stated that on search a mobile phone

Patna High Court CR. MISC. No.31646 of 2019(3) dt.05-08-2019 2/3 from the possession of Sudhanshu Kumar, a passbook, ATM Card and PAN Card from Pappu Choudhary and different ATM Cards and driving license etc., from Kunal Kumar were recovered. A seizure list was prepared. They were not able to give any satisfactory reply with respect to the articles recovered. It is further alleged that they disclosed that they are into work of duping other persons by calling them and passing false information that they had won an Alto Car in prize. The application for bail is opposed by learned APP for the State.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted, no articles as alleged were seized from the petitioner, no person is said to have made any complaint of having been cheated by the petitioner, the petitioner has no criminal history and is in custody for the last five months.

Having heard learned counsel for the petitioner and learned APP for the State, taking into consideration the facts and circumstances of the case as also the nature of allegations together with the fact that the petitioner has no criminal antecedent and is in custody since last five months, the Court is inclined to enlarge the petitioner on bail. Let the petitioner

Patna High Court CR. MISC. No.31646 of 2019(3) dt.05-08-2019 3/3 above named be enlarged on bail on his furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 94 of 2019.

(Partha Sarthy, J) Prakash/- U