Pappu Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 54730 of 2022 Arising Out of PS. Case No.-157 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== PAPPU KUMAR SAHANI SON OF PARMA SAHANI R/O VILLAGEMURLI, P.S.- SANGRAMPUR, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr Nityanand, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2023 Petitioner's counsel is permitted to correct the date of custody of the petitioner, as mentioned in paragraph 9 of the petition.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner seeks bail in Giriyak (Pawapuri) Police Station (for brevity, PS) Case No 157 of 2022 registered for the offence punishable under Sections 414, 365/34 of Indian Penal Code.

A truck laden with some iron angles was found parked from where the petitioner has been arrested. It is stated that he was driving the vehicle which had been stolen, the previous

Patna High Court CR. MISC. No.54730 of 2022(3) dt.10-01-2023 2/3 night.

It is submitted by petitioner's counsel that petitioner is a rustic labourer. His services were hired by the persons whose name he has disclosed to the seizure party. Oblivious of the truck being stolen vehicle, he was driving the same and has become victim of the circumstance. He has no criminal antecedent and is in custody since 08.04.2022. Learned APP has opposed the prayer for bail.

Having considered the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Biharsharif, Nalanda in Giriyak (Pawapuri) PS Case No 157 of 2022 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.54730 of 2022(3) dt.10-01-2023 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T