Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47408 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- Mabby District- Darbhanga ====================================================== Pappu Kumar Son of Late Prem Chandra Paswan @ Prem Paswan Resident of village-Barkurba, P.S-Turki, District-Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Mabbi P.S. Case No. 45 of 2024 registered for the alleged offences under Sections 310(2) and 311 of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, six miscreants in a white coloured car overtook the pickup vehicle of the informant and forcibly made the informant and his associate sit in the car and two miscreants fled away with the pickup vehicle with loaded goods worth Rs. 2,00,000/-. The miscreants assaulted the informant and his associate and threw their unconscious bodies on the bank of a river. The name of petitioner transpired during investigation for also being involved in the alleged occurrence.

Patna High Court CR. MISC. No.47408 of 2025(2) dt.30-07-2025 2/3

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recover from person or possession of the petitioner. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused Arvind Sahni and except for the confessional statement, there is no tangible material to connect the petitioner with the offence as alleged. The petitioner was arrested on 07.09.2024 in connection with Turki P.S. Case No. 167 of 2024 and has been remanded in the present case on 07.01.2025. The petitioner is having antecedent of two cases and he is on bail in both the cases. Charge-sheet has been submitted.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that on the basis of tower location of mobile phone, the name of the petitioner surfaced in this case.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the remoteness of allegation and lack of substantive material against the petitioner and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.47408 of 2025(2) dt.30-07-2025 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga/court concerned in connection with Mabbi P.S. Case No. 45 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T