Pappu Sayee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53677 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- PHULWARIYA District- Gopalganj ====================================================== Pappu Sayee Son of Jang Bahadur Sayee Resident of Village - Gaushiya, P.S.- Bhorey, Distt - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Phulwaria P.S. Case No. 140 of 2018 registered under Section 414 of the Indian Penal Code.

Petitioner is said to have been apprehended along with stolen motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has been falsely implicated in this case. As a matter of fact, he had taken the aforesaid motorcycle from his friend, namely, Mritunjay Kumar to visit doctor to accord medical aid to his wife without any knowledge of said motorcycle to be stolen one. He has

Patna High Court CR. MISC. No.53677 of 2019(2) dt.04-09-2019 2/2 been languishing in custody since 22.06.2018. Earlier, the bail prayer of the petitioner was rejected by this Court vide order dated 09.01.2019 directing the learned court below to conclude the trial within six months fixing the case on day to day basis and S.P. Gopalganj was directed to ensure production of the witnesses in the case on each and every date fixed without fail. But up-till now, no witness has been examined by the prosecution.

On the other hand, learned APP opposed the bail prayer of the petitioner.

Having regard to the facts and circumstances of the case and considering the period of custody, let the above named petitioner 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 A.C.J.M. XIII, Gopalganj in connection with Phulwaria P.S. Case No. 140 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T