Patna High CourtCR. MISC./44244/2024bail granted

Pappu Yadav v. The State Of Bihar

2024-08-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44244 of 2024 Arising Out of PS. Case No.-785 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Pappu Yadav Son of Late Bhumi Yadav Village- Bhagwanpur Ward No 5 PsSour Bazar (Op Baijnathpur), Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupesh Kumar, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sourbazar (Baijnathpur O.P.) P.S. Case No. 785 of 2023 instituted for the offences under Sections 399, 402, 147, 148, 149, 342, 323, 324, 325, 307, 332, 333, 337, 338, 336, 353, 224, 225 of the Indian Penal Code.

3. Prosecution case, in a nutshell, is that while patrolling, police party were attacked by the accused persons including the petitioner by various means, due to which they sustained injuries.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.44244 of 2024(3) dt.09-08-2024 2/2 Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The coaccused person has already been granted bail by this Bench vide order dated 05.07.2024 passed in Cr. Misc. No. 38129 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.12.2023 and has no criminal antecedent (as per paragraph-3 of the present bail application).

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sourbazar (Baijnathpur O.P.) P.S. Case No. 785 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T