Md. Pappu @ Pappu @ Sakib Reja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47364 of 2023 Arising Out of PS. Case No.-184 Year-2019 Thana- SIKTI District- Araria ====================================================== Md. Pappu @ Pappu @ Sakib Reja Son Of Zafar Equbal Resident Of VillageChandbhag Ward No. 03, Ps- Araria (MADANPUR), Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Sikti P.S. Case No. 184 of 2019 registered for the offence under Section 392 of the Indian Penal Code.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 16.05.2023.

4. The allegation against the petitioner is to commit robbery alongwith other unknown co-accused persons and while committing so taken away cash of Rs. 59,882/- and one tab (electronic device), which was in possession of this petitioner during the course of occurrence.

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5. Learned counsel appearing on behalf of the petitioner submitted that petitioner found involved in five more criminal cases, where he is on bail and on the basis of said suspicion, he was apprehended by the police, where his selfconfession was recorded as to incriminate him with present case. It is also pointed that out of said self-confession nothing incriminating surfaced/recovered during the course of investigation as to connect this petitioner, prima facie, with the present occurrence of robbery. It is also submitted that petitioner was not put on T.I.P., as yet. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the facts and circumstances as mentioned above as save and except suspicion arising out of self-confession nothing incriminating surfaced/recovered against this petitioner during the course of investigation, as to connect him, prima facie, with the present occurrence of robbery, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 16.05.2023,

3/4 accordingly, petitioner, above named, is directed to be released on bail in connection with Sikti P.S. Case No. 184 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. with further conditions :- (i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly

4/4 supported by the documents.

(iii) That one of the bailors shall be deponent of the present bail petition.

(Chandra Shekhar Jha, J) S.Tripathi/- U T