Pappu Bhagat @ Pappu Sah @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40760 of 2020 Arising Out of PS. Case No.-5 Year-2016 Thana- GOPALPUR District- Bhagalpur ====================================================== PAPPU BHAGAT @ PAPPU SAH @ SANJEEV KUMAR Son of - Manindra Bhagat @ Manindra Prasad, Resident of Mohalla- Durga Mandir Road, P.S.- Naugachia, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar Yadav For the Opposite Party/s :

Mr. Jitendra Kumar Singh Mr. J. N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No. 05/2016 registered for the offence punishable under sections 302/201/120(B)/34 of the Indian Penal Code.

The learned counsel for the petitioner has submitted that the FIR has been lodged against the present petitioner only on the basis of suspicion. He has further submitted that during investigation, no incriminating material emerged against the petitioner. As such, the Final Form was submitted against the petitioner and the charge sheet was submitted against the co-

Patna High Court CR. MISC. No.40760 of 2020(2) dt.13-12-2021 2/2 accused Domi Mandal, Dinesh Mandal and Gholti Mian. He has further submitted that there is a delay of 13 days in lodging the FIR and the petitioner is a man of clean antecedent. On the other hand, the learned Additional Public Prosecutor has opposed the prayer for bail.

Considering the fact that during investigation no incriminating material was emerged and the Investigating Authority has submitted the Final Form against the petitioner, let the petitioner above named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Naugachia, Bhagalpur in connection with Gopalpur P.S. Case No. 05/2016, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T