Patna High CourtCR. MISC./62215/2022bail granted

Pappu Kumar v. The State Of Bihar

2022-11-23Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62215 of 2022 Arising Out of PS. Case No.-38 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== PAPPU KUMAR SON OF RAMNUJ PRASAD R/O VILLAGE- DOMAN BIGHA, P.S.- GHISHI, DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner as also Mr. Jitendra Kumar Singh, learned APP who represents the State. The case is registered under Sections 363, 365, 201, 302, 120(B) of the Indian Penal Code ,in connection with Ghoshi P.S. Case No. 38 of 2021.

The prosecution story as per the informant, Savita Devi is that on 17.01.2021, her son Ajay Kumar along with his friends went out, but failed to return. After searching everywhere for some day, the FIR was instituted. During the course of investigation, the name of the petitioner cropped up and subsequently charge-sheet was also filed against him.

This case was heard and rejected by this Court on 30.3.2022 vide Cr. Misc. No. 50845 of 2021.

Patna High Court CR. MISC. No.62215 of 2022(2) dt.23-11-2022 2/3 Learned counsel for the petitioner submits that he is in custody since 28.1.2021 (as stated in para-17 of the bail application) and further do not have any criminal antecedent and there is no likelihood of completion of the trial and as such he may be enlarged on bail.

Taking into account the period of custody as also the fact that he has no criminal antecedent, this Court is inclined to grant him the privilege of bail with conditions. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of C.J.M. Jehanabad in connection with Ghoshi P.S. Case No. 38 of 2021 with the 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 dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

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

Patna High Court CR. MISC. No.62215 of 2022(2) dt.23-11-2022 3/3 attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/AjayU