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Patna High CourtCR. MISC./62388/2021bail granted

Pappu Kumar v. The State Of Bihar

2022-03-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62388 of 2021 Arising Out of PS. Case No.-614 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Pappu Kumar S/O- Vishnunath Yadav @ Vishvanath Yadav Resident Of Village- Mahuavan Tola Mahuavan Ahuri, P.S.- Amas, District- Gaya. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur Mr. Vijay Kumar For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 414/ 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 24.08.2021, charge-sheet has been submitted in the case and has antecedent of two cases. Allegation is of recovery of two stolen motorcycle from the house of Rohit Paswan and one motorcycle from the house of Kishore Kumar.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would

Patna High Court CR. MISC. No.62388 of 2021(2) dt.23-03-2022 2/2 manifest that the aforesaid stolen motorcycles were recovered from the house of Rohit Paswan and Kishore Kumar and Rohit Paswan disclosed that the motorcycle was given to him by the petitioner. The learned counsel thus submits that petitioner's name transpired in the confessional statement of Rohit Paswan which has no evidentiary value.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and his name transpired in the confessional statement of co-accused, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sherghati P. S. Case No.614 of 2019, subject to condition that one of the bailors shall be the father of the petitioner namely, Vishnunath Yadav @ Vishvanath Yadav. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T