Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51171 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== Pappu Kumar, S/O Sri Ram Swarup Mahto, R/O Village-Sachaur, P.S.- Hisua, District-Nawada.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 19.03.2021, charge-sheet has been submitted in this case and has antecedent of one case. Allegation is of looting the bank of Rs.14,42,170/- by six unknown criminals. Further the criminals even looted some customers also.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. His name was disclosed by the spies of the police and thereafter, the

Patna High Court CR. MISC. No.51171 of 2021(2) dt.18-04-2022 2/3 petitioner was arrested and was made to confess his participation in the crime. The learned counsel further submits that at Para-87 of the case diary, it has come that blue colour Tshirt worn by the petitioner at the time of occurrence was recovered along with 12 notes of rupees 500 and further, on disclosure of the name of other co-accused by the petitioner, the accused Radhe Shyam and others were arrested and from the house of Radhe, Rs.1,10,000/- was recovered. The learned counsel for the petitioner submits that the dacoity was committed in Gramin bank and the alleged notes which was recovered from the house of Radhey Shyam were wrapped on which the name of the Axis Bank was embossed, as such, it cannot be alleged that the alleged recovered money was of the Gramin Bank.

It is further submitted that even Rs. Six thousand which is alleged to have been recovered from the house of the bank that was his money and the police without any investigation on the issue falsely implicated the petitioner by showing recovery from his house. It is further submitted that petitioner was not put on T. I. Parade.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and taking into

Patna High Court CR. MISC. No.51171 of 2021(2) dt.18-04-2022 3/3 consideration the submissions made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nardiganj P. S. Case No.40 of 2021, subject to condition that one of the bailors shall be the father of the petitioner namely, Sri Ram Swarup Mahto. Further the petitioner will appear on day to day basis in the trial. In the event, if the petitioner does not appear on two consecutive dates, the learned Court below shall forthwith cancel his bail bonds.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T