Patna High CourtCR. MISC./46577/2023bail granted

Pappu Kumar Yadav @ Pappu Yadav v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46577 of 2023 Arising Out of PS. Case No.-513 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== PAPPU KUMAR YADAV @ PAPPU YADAV Son of Singheshwar Yadav R/V- Adhaoloam, P.S.- Bahera, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Biraul P.S. Case No. 513 of 2022 dated 31.12.2022 registered for the offence punishable u/s 399, 402, 414 of the Indian Penal Code and 25(1b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have intercepted by the police and on search, one country made pistol, one live cartridge and two mobiles were recovered from the possession of the

Patna High Court CR. MISC. No.46577 of 2023(2) dt.02-08-2023 2/2 petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in 8 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 1.1.2023 as per para8 of the bail application.

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

7. 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, Biraul, Darbhanga in connection with S.T. No. 362 of 2023 arising out of Biraul P.S. Case No. 513 of 2022.

8. The application stands allowed.

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