Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 40737 of 2020 Arising Out of PS. Case No.-161 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== Pappu Kumar aged about 22 years Son Of Late Ramjatan Bhagat @ Ramjatan Mali Resident Of Village - Pandey Tola, P.S.- Nautan, Distt.- West Champaran. ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar No 7, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2021 Heard learned counsel for the parties.

Petitioner seeks regular bail in Nautan P.S. Case No. 161 of 2020, lodged under sections 413, 414 of the Indian Penal Code.

On secret information that some criminal with stolen motorcycles had assembled at a place, police conducted raid. Two persons were apprehended including the petitioner and the two motorcycles were recovered. It is alleged that the persons, who were apprehended disclosed to the police that the motorcycles were stolen.

Learned counsel appearing on behalf of the petitioner has submitted that there is no material to suggest that the motorcycles, which were recovered by the police were stolen one. Petitioner has got no criminal antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 22.5.2020. Similarly situated co-accused Mithilesh Kumar has already been allowed bail by a co-ordinate bench of this Court

Patna High Court CR. MISC. No. 40737 of 2020(2) dt.24-02-2021 2/2 vide order dated 7.12.2020, passed in Cr.Misc.No. 32283/2020. Considering the fact and circumstances and particularly the fact that the petitioner is in custody since 23.05.2020, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in Nautan P.S. Case No. 161 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T