Pappu Rai @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41545 of 2018 ======================================================

1. Pappu Rai @ Pappu Kumar son of Lal Saheb Rai resident of village - Digha Ghat Chauhatta, Police Station - Digha, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Sonepur P.s.Case no.464 of 2017 registered for offences punishable under Sections 393, 307 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of robbery and the petitioner is not named in the FIR and later on his name transpired on confession of the co-accused.

Submission of the learned counsel for the petitioner is that he is in custody since 4.1.2018. and only on the basis of the confession, he has been made accused in this case and nothing has been recovered from him and he is not been put on TIP and further submission is that another co-accused having similar allegation has been granted bail by a Co-ordinate Bench of this Court, vide

Patna High Court Cr.Misc. No.41545 of 2018 (3) dt.26-09-2018 2/2 order dated 24.4.2018 passed in Cr. Misc. No.23334 of 2018. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM-1st, Saran at Chapra in connection with Sonepur P.S.Case No.464 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T