Patna High CourtCR. MISC./50178/2024bail granted

Pappu Kumar Yadav v. The State Of Bihar

2024-07-23Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50178 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- ANDHRATHARHI District- Madhubani ====================================================== Pappu Kumar Yadav, Male, aged about 23 years, Son of Raj Kumar Yadav, Resident of village -Navtoli, Mahindbar, P.S. - Phulparas, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Andhrathadhi P.S. Case No. 54 of 2024 instituted for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, two persons namely Pappu Kumar Yadav and Om Prakash Yadav have been caught by the villagers and after searched by the informant, one loaded dessi katta recovered from Om Prakash Yadav and one live cartridge has been recovered from the pocket of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.50178 of 2024(2) dt.23-07-2024 2/3 falsely been implicated in this case only on the basis of suspicion. He further submits that nothing has been recovered from his conscious possession. He next submits that during the course of investigation no any independent witnesses has supported the prosecution case. Petitioner has got clean antecedent as stated in para 3 of the petition and he is in custody since 02.04.2024.

5. Learned APP opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case and submission of learned counsel for the parties, the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jhanjharpur, Madhubani in connection with Andhrathadhi P.S. Case No. 54 of 2024.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on

Patna High Court CR. MISC. No.50178 of 2024(2) dt.23-07-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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