Pappu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53392 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- KARAHGAR District- Rohtas ====================================================== PAPPU RAM Son of Late Basawan Ram Resident of Village - Sahuar, P.S.- Karagahar, Distt - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Karaghar Police Station Case No. 81 of 2019, disclosing offences under Sections 457 and 380 of the Indian Penal Code. The allegation against the petitioner, as per the First Information Report, is that while the informant was away from his house, cash of Rs. 19,000/-, five bags of paddy and a goat of his neighbour were stolen from his house. It has further been alleged that on enquiry, it was revealed that the petitioner, along with others, was indulged in the alleged theft from the house of the informant.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this false case on the

Patna High Court CR. MISC. No.53392 of 2019(2) dt.27-08-2019 2/3 basis of mere suspicion. He further submits that the allegation is of stealing the neighbour's goat; whereas the person, who was the owner of the said goat, namely, Firoz Ansari, has not made any complaint in this regard. He further submits that both the parties reside in the same village and due to oblique motive, the petitioner has been dragged in this false case merely on the basis of hear-say witnesses, who has said that the petitioner was being loitering near the house of the informant.

After having heard learned Counsel for the parties and taking into consideration the fact that no article has been recovered from the possession of the petitioner and further the name of the petitioner has come in the First Information Report on the basis of suspicion only, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Pappu Ram, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Rohtas, at Sasaram, in connection with Karaghar Police Station Case No. 81 of 2019, subject to the condition laid down under

Patna High Court CR. MISC. No.53392 of 2019(2) dt.27-08-2019 3/3 Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √