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Patna High CourtCR. MISC./58545/2023allowed

Pappu Alam @ Md. Majid @ Majid @ Pappu v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58545 of 2023 Arising Out of PS. Case No.-225 Year-2023 Thana- JOKIHAT District- Araria ====================================================== PAPPU ALAM @ MD. MAJID @ MAJID @ PAPPU Son of Late Aaiyub Resident of village - Matiyari, P.s. - Jokihat, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 341, 323, 379, 364, 365, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the allegation against four accused persons including the present petitioner that they are involved in kidnapping of four persons named in the FIR on which, the bride has visited for marriage and due to this reason, father of the bridegroom has filed an FIR against them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dispute between the

Patna High Court CR. MISC. No.58545 of 2023(2) dt.01-09-2023 2/2 parties. There is no direct involvement of the petitioner in the said occurrence. From the allegation made in FIR, there is only allegation of abuse and scuffling otherwise, a general and omnibus allegation are there. Similarly situated other coaccused persons of this case have already been granted bail by a co-ordinate Bench of this Court vide order dt. 19.8.2023 passed in Cr. Misc. N o. 51832 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 15.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jokihat (Mahalgaon) P.S. Case No. 225 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria.

(Sunil Kumar Panwar, J) Amandeep/- U T