Pappu Miya @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58557 of 2019 Arising Out of PS. Case No.-87 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== PAPPU MIYA @ PAPPU KUMAR, aged about 25 years (M), Son of Saheb Hussain, Resident of Village - Harkhauli, P.S.- Mirganj, District - Gopalganj. At Present resident of village - Purwaniya, P.S.- Majhagadha, District - Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate.

For the Opposite Party :

Mr.Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 392 of the IPC.

The prosecution story, in brief, is that on 27.05.2018 at about 7.50 P.M., three persons on Motorcycle overtook the Motorcycle of the informant and on the point of gun, looted away the Motorcycle, Mobile Phones and ornaments worth Rs. 5,00,000/- of the informant.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 28.05.2019. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.58557 of 2019(2) dt.17-09-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come on the basis of confessional statement of co-accused. The petitioner has not been put on T.I. Parade. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st A.C.J.M., Motihari, East Champaran, in connection with Dumariyaghat P.S. Case No. 87 of 2018.

(Sudhir Singh, J) U.K./- U T