Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 56310 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- PAWANA District- Bhojpur ====================================================== Pappu Kumar S/O Ram Avdhesh Singh R/O Village- Salempur, Chandi P.S, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Pawana P.S. Case No. 01 of 2023 dated 01.01.2023, lodged under Section 392 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons.

5. Learned counsel for the petitioner submits that the name of the petitioner has figured in this case by virtue of the confessional statement of co-accused. Counsel submits that nothing incriminating has been recovered from the possession of the petitioner nor he was put on T.I.P.

6. Learned counsel for the petitioner further submits

Patna High Court CR. MISC. No. 56310 of 2023(2) dt.30-08-2023 2/2 that the name of the petitioner has figured in this case only at the instance of police as his antecedent is not clean. Counsel further submits that there are six cases pending against the petitioner. Counsel further submits that the petitioner is in custody since 11.01.2023.

7. Learned A.P.P. for the State opposes the prayer for bail and submits that at the time of considering bail, antecedent of the petitioner shall be taken into consideration.

8. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, his bail petition is hereby rejected.

9. However, liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge and the Trial Court is directed to release him on bail thereafter imposing its own conditions so that he may not evade his appearance during trial.

10. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T