Pappu Kumar Rai @Pappu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.11785 of 2016 (3) dt.02-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11785 of 2016 Arising Out of PS.Case No. -228 Year- 2015 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. PAPPU KUMAR RAI @ PAPPU KUMAR Son of Rajdeo Rai Resident of village - Ishakpur Tek, P.S. Mahnar, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Y. Madhavi, Advocate For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Mahnar P.S. Case No. 228 of 2015 registered for the offence punishable under Section 414/34 of the Indian Penal Code. Allegedly, co-accused Rohit Sah and Kundan Kumar were apprehended with motorcycle and on the basis of their confessional statement, the house of the petitioner and others were also raided and from the house of the petitioner, one Hero Honda Passion Plus motorcycle was recovered to which the petitioner admitted that the same is stolen one.

Submission is of false implication and that the petitioner has been made victim of the circumstances, nothing has

Patna High Court Cr.Misc. No.11785 of 2016 (3) dt.02-05-2016 been recovered from conscious possession of the petitioner. The house is joint property, other co-accused Rohit Sah has also been allowed bail and the petitioner having no criminal antecedent is suffering in custody since 27.12.2015.

The learned A.P.P. submits that from possession of the petitioner also one stolen motorcycle was recovered. In the facts and circumstances stated above, the petitioner, above named, shall be released on bail after completion of six months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-6, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 228 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T