Pappu Sah @ Rajeev Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70361 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== Pappu Sah @ Rajeev Kumar Singh, Son of Pannalal Sah Resident of VillageBaishakhwa, P.S.- Gopalpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-05-2022 Heard learned counsel for the parties.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Bettiah Muffasil (Manuapul) P.S. Case No.62/2021 instituted under Sections 420, 406 of the Indian Penal Code. As per the FIR, the informant alleged that one person, namely, Rajeev Kumar Singh presented himself as driver and requested him to give him the job so that he could drive his goods vehicle. It is further alleged that thereafter he along with the cleaner went with the said vehicle but after dropping the cleaner at some point of time, the driver chose to disappear along with vehicle. After search, when the informant could not find either the driver or the vehicle, the FIR was lodged. Learned counsel for the petitioner submits that his

Patna High Court CR. MISC. No.70361 of 2021(2) dt.24-05-2022 2/3 name is Pappu Sah and was never known as Rajeev Kumar Singh. The informant has alleged Rajeev Kumar Singh to be the person who disappeared with his vehicle. He further submits that only because he had criminal antecedents under his belt, he has been dragged in this case. He lastly submits that he is in jail since 27.05.2021.

Considering the fact that the vehicle has now been recovered (as incorporated in the order of the learned court below), the petitioner is in judicial custody since 27.05.2021 and the charge sheet has already been submitted, this Court is inclined to grant him privilege of bail with certain conditions. Let the petitioner be released on bail on furnishing bail bond of Rs.15,000/-(Rupees Fifteen Thousand) with two sureties of the like amount each in connection with Bettiah Muffasil (Manuapul) P.S. Case No.62/2021 to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive

Patna High Court CR. MISC. No.70361 of 2021(2) dt.24-05-2022 3/3 dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T