Pappu Kumar Yadav @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62168 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== Pappu Kumar Yadav @ Pappu Kumar S/O Raj Narayan Ray Resident Of Village Bishunpur Rupaulee, Ps- Minapur, Distt- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Anil Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-09-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 06.07.2023 in connection with Minapur P.S.Case No. 275 of 2023, F.I.R. dated 05.07.2023 registered for the offence punishable under Sections 379,411,413,414 and 34 of IPC.

3. Allegation against the petitioner is that he alongwith his associates are engaged in selling and purchasing of stolen motorcycle.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Although, the motorcycle in question has been recovered from possession of the petitioner but in fact the petitioner has purchased the same

Patna High Court CR. MISC. No.62168 of 2023(2) dt.27-09-2023 2/3 from one Dhiraj Kumar after payment of consideration amount and he was not aware that whether the motorcycle in question was stolen one or not and the petitioner is in custody since 06.07.2023.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid fact, let the petitioner, above named, 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 J.M.1st Class, Muzaffarpur, East in connection with Minapur P.S.Case No. 275 of 2023, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

Patna High Court CR. MISC. No.62168 of 2023(2) dt.27-09-2023 3/3 any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T