Pappu Pal @ Prabhu Shankar Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68827 of 2024 Arising Out of PS. Case No.-17 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Pappu Pal @ Prabhu Shankar Pal S/O Sandeep Kumar Pal @ Dilip Pal Resident of Village- Chhiti Ward, P.S.- Ghailadh, District- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishore Singh, Adv.
For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Supaul P.S. Case No. 17 of 2023 dated 13.01.2023, lodged under Section 392 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against two unknown accused persons against whom there is an allegation that they have committed robbery from the informant.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is not named in the FIR. Counsel further submits that the name of the petitioner has been inserted
2/4 in this case only due to the reason that his criminal antecedent is not clean and merely on the basis of suspicion, petitioner was arrested. Counsel further submits that the criminal antecedent of the petitioner is not clean as there are 14 criminal cases pending against him in which in 12 cases, he is on bail and in 2 cases, he is persuading for bail. The petitioner is in custody since 06.04.2024 in the present case. Counsel submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.
5. Learned Counsel for the petitioner further submits that nothing incriminating has been recovered from the petitioner's possession nor he was put on TIP. Counsel further submits that the offence in which the case has been filed is of magisterial triable.
6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean as there are 14 criminal cases pending against him and this aspect must be taken into consideration while considering the bail application of the petitioner.
7. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed as well as on being satisfied by
3/4 the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 17 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.
8. Pending cases against the petitioner are as follows:- • Supaul P.S. Case No.619 of 2021 • Supaul P.S. Case No.354 of 2021 • Supaul P.S. Case No.726 of 2021 • Supaul P.S. Case No.664 of 2021 • Supaul P.S. Case No.347 of 2023 • Supaul P.S. Case No.563 of 2023 • Supaul P.S. Case No.91 of 2023 • Supaul P.S. Case No.530 of 2023 • Supaul P.S. Case No.578 of 2023 • Supaul P.S. Case No.661 of 2023 • Supaul P.S. Case No.655 of 2023 • Mehshi P.S. Case No.06 of 2022 • Saharsa P.S. Case No.23 of 2022
4/4 • Sour Bazar P.S. Case No.667 of 2023 (Dr. Anshuman, J) Divyansh/- U T