Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56542 of 2022 Arising Out of PS. Case No.-413 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== PAPPU YADAV Son of Sri Prakash Yadav Resident of Village - Aamgarwa, P.S.- Belhar, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Bharat Bhushan, App, 156 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 120(B), 121(A), 122 of the Indian Penal Code, Section 16,17, 18, 19, 20 , 21 of the UAP Act and Section 25(1-b)a, 26, 35 of the Arms Act. As per prosecution case, when the police party received a secret information that a group of Naxalities is assembled at Bagdaswa and Thadi forest. They reached at the place of occurrence and apprehended a person Manjay Hembram who disclosed that this petitioner and others are his associates. On searched, two country made pistols with five live cartridges were recovered from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner has no concerned with the

Patna High Court CR. MISC. No.56542 of 2022(2) dt.16-02-2023 2/2 alleged recovery of country made pistols and his name came into light on the basis of confessional statement of co-accused. No any incriminating article has been recovered from conscious possession of this petitioner which shows his complicity in this case. Moreover, similarly situated co-accused namely, Manjay Hembram has already been granted bail by a coordinate bench of this court vide order dated 22.4.2022 in Cr. Misc. No. 66225 of 2021 and the same has annexed as Annexure-2. It is further submitted that the petitioner is languishing in judicial custody since 26.4.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laxmipur P.S. Case No. 413 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui. (Sunil Kumar Panwar, J) amandeep/- U T