Pappu Kumar @ Pappu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31131 of 2020 Arising Out of PS. Case No.-312 Year-2019 Thana- GORAUL District- Vaishali ====================================================== 1.

PAPPU KUMAR @ PAPPU SHARMA Son of Rajendra Sharma Resident of Village - Shahpur Gaus, Manjia, P.S.- Goraul (Katahara - OP), District - Vaishali at Hajipur.

2.

Vikki Kumar Son of Bangali Sah Resident of Village - Shahpur Gaus, Manjia, P.S.- Goraul (Katahara - OP), District - Vaishali at Hajipur. 3.

Arun Sharma Son of Rajdeo Sharma Resident of Village - Shahpur Gaus, Manjia, P.S.- Goraul (Katahara - OP), District - Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra, Advocate.

For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2021 Prayer for bail of all the three petitioners were rejected by the court below by different orders passed on different dates. Hence, in separate petitions, the impugned orders should have been challenged. The office has pointed out the aforesaid defect as defect no.2.

Learned counsel for the petitioners seeks permission to withdraw the prayer for bail of petitioner no.2 Vikki Kumar and petitioner no.3 Arun Sharma to facilitate them to file separate bail application.

Prayer is allowed.

Patna High Court CR. MISC. No.31131 of 2020(3) dt.29-01-2021 2/3 Heard the parties on prayer for bail in respect of petitioner no.1 Pappu Kumar.

Petitioner no.1 is languishing in custody for the offence punishable under Sections 147, 149, 333, 337, 338, 341, 323, 353, 307, 427, 504, 506 and 120(B) of the Indian Penal Code.

Petitioner no.1 and others were identified in the mob which had attacked on the police station for the reason that theft was committed in the house of one of the accused, but the police was not taking any action in the matter. For the aforesaid inaction of the police, the act of the accused cannot be justified. However, petitioner no.1 is in custody since 22.06.2020 and has got no criminal antecedent. Investigation of the case is already complete and the allegation is general and omnibus. Considering the aforesaid facts, let the petitioner Pappu Kumar @ Pappu Sharma, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Goraul (Katahara-OP) P.S. Case No. 312 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial

Patna High Court CR. MISC. No.31131 of 2020(3) dt.29-01-2021 3/3 jurisdiction of the learned Court-below.

(b) The petitioner no.1 shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no.1. (c) The petitioner no.1 shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T