Patna High CourtCR. MISC./40733/2023bail granted

Pappu Kumar v. The State Of Bihar

2023-07-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40733 of 2023 Arising Out of PS. Case No.-231 Year-2022 Thana- KISHANPUR District- Supaul ====================================================== PAPPU KUMAR Son of Asharphi Mandal Resident of village - Mahipatti, P.s. - Kisanpur, Distt. - Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kisanpur P.S. Case No. 231 of 2022 dated 26.08.2022 registered for the offences punishable u/s 379 and later on added section 411 of the Indian Penal Code.

3. As per the prosecution case, some unknown persons are alleged to have stolen the motorcycle of the informant and a mobile phone kept in the dikkey of the motorcycle of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.40733 of 2023(2) dt.19-07-2023 2/2 this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Laltu Kumar. Nothing has been recovered from the conscious possession of the petitioner. The stolen motorcycle was recovered from the conscious possession of the co-accused Raja Kumar. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.01.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Kisanpur P.S. Case No. 231 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T