Pinku Kumar @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64419 of 2021 Arising Out of PS. Case No.-1 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== Pinku Kumar @ Pappu Yadav Son of Jehal Yadav @ Bindeshwar Yadav Resident of Village - Sujatpur, P.S.- Ghoshi, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Ghoshi P.S. Case No. 01 of 2020 registered for the offence under Section 387 of the Indian Penal Code and under Section 27 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 30.09.2020.

The allegation against the petitioner is to demand for extortion and in furtherance thereof, made indiscriminate firing upon shop of the informant.

Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of input provided by unknown persons, who gathered after the occurrence. It

Patna High Court CR. MISC. No.64419 of 2021(3) dt.15-10-2022 2/2 is also submitted that petitioner involved in 11 cases, where he has acquitted in 5 cases and in rest of six cases, he is on bail. It is also submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that investigation has been completed long back, where petitioner is in custody since 30.09.2020, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as name of petitioner surfaced on the basis of secret input, where nothing surfaced during the course of investigation to connect this petitioner, prima facie, with present set of occurrence coupled with the fact that petitioner is in custody since 30.09.2020, where charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Ghoshi P.S. Case No. 01 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jehanabad/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T