← Library
Patna High CourtCR. MISC./56079/2023allowed

Pappu Kumar @ Papu Soni @ Papu Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56079 of 2023 Arising Out of PS. Case No.-336 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== PAPPU KUMAR @ PAPU SONI @ PAPU KUMAR son of Bhikhari Sah Village- amar Chhatauni Ps- Muffasil Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== 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 414, 467, 468, 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. According to the FIR, prosecution case relates to recovery of incriminating arms from possession of apprehended co-accused persons who disclosed the name of the petitioner as their associate.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has no concerned with the alleged arms seized by the

Patna High Court CR. MISC. No.56079 of 2023(2) dt.01-09-2023 2/2 police or with co-accused persons. He has falsely been made accused in the present case on the basis of disclosure made by co-accused Nitesh Kumar who was apprehended on spot. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 25.7.2022.

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 period 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 Muffasil P.S. Case No. 336 of 2021 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., Motihari at East Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T