Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65553 of 2018 Arising Out of PS. Case No.-315 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Pappu Kumar, Son of Suresh Sah, Resident of Village- Basudeo, P.S.- Runnisaidpur, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Sakra P.S.Case no.315 of 2018 dated 18.7.2018 registered for offences punishable under Sections 392, 411 of the Indian Penal Code and Seciton 25(1-b)A, 26, 35 of the Arms Act. Allegation against the petitioner is that while the informant was going, three accused persons tried to snatch away his bag which was kept in the dicky of the motorcycle having Rs.1,34,061/-. Further the co-villagers arrived there and the petitioner and other accused persons were arrested on chase and from the possession of the co-accused Vijay Sah Rs.1,34,061/- has been recovered .

Submission of the learned counsel for the petitioner is that he has no criminal antecedent and he has been falsely

Patna High Court Cr.Misc. No.65553 of 2018(2) dt.26-11-2018 2/3 implicated int his case and nothing has been recovered from his possession. He is in custody for mor than four months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, and as petitioner has no criminal antecedent and nothing has been recovered from him, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge-13 cum ACJM, Muzaffarpur in connection with Sakra P.S.case No.315 of 2018. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation

Patna High Court Cr.Misc. No.65553 of 2018(2) dt.26-11-2018 3/3 of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T