Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47837 of 2015 Arising Out of PS.Case No. -166 Year- 2014 Thana -BARAUNI District- BEGUSARAI ====================================================== Pappu Kumar son of Deo Sah Resident of Village - Piragara, Police Station - Beldour, District - Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Uma Nath Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

In the present case, the petitioner is seeking bail in connection with Barauni P.S. Case No.166 of 2014, corresponding to G.R. No.1456/2014, registered for the offences punishable under Sections 420, 406, 469, 468 and 34 of the Indian Penal Code.

The petitioner had earlier moved this Court in Cr. Misc. Nos. 20065/2015 and vide order dated 22.06.2015, the petitioner has withdrawn his bail application with liberty to renew his prayer for bail after three months.

The allegation has been made that the petitioner along with Rajiv Kumar and Nalin Kumar approached the informant and

persuaded him to purchase the Ashok Leyland vehicle and later on informed the informant that the price of vehicle is Rs.4,76,000/- and demanded Rs.1,30,000/- as advance so that the vehicle can be given to him in a short period of time. On the next date the informant has paid the aforesaid amount to the present petitioner as a booking amount. When on the next date the informant tried to contact the accused persons, their mobile phones were found switched off.

The petitioner is in jail since 21.11.2014.

Looking to the period of custody, the petitioner, above named, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No.166 of 2014, corresponding to G.R. No.1456/2014, subject to the conditions that: (i) one of the bailors will be a close relative of the petitioner, (ii) if the petitioner would be found involved in similar type of case in future, prosecution will be at liberty to file application for cancellation of bail and the court below will pass necessary order, including cancellation

of bail bonds and (iii) that the petitioner would co-operate and if the petitioner will fail to co-operate in the proceeding of the court and will remain absent for two consecutive dates without reasonable explanation, the court will pass appropriate order, including cancellation of bail bonds.

V.P.Sinha/- (Shivaji Pandey, J) U