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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42508 of 2017 Arising Out of PS.Case No. -207 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pappu Yadav @ Suraj Prakash Kumar, Son of Hazari Yadav, Resident of Village- Gopalpur, P.S.- Sathi, District- West Champaran at Bettiah. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar Mishra For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 09.06.2017 in connection with Chanpatia P.S. Case No. 207 of 2017 for offences punishable under Sections 385, 387, 419, 467, 468, 471, 420, 506 of the Indian Penal Code.

The prosecution case, as lodged by the informant police personnel, is that they received a message from a particular mobile number that Chanpatia Police Station will be exploded. Thereafter owner of the mobile was traced and the petitioner was found to be the owner, who confessed his guilt and also confessed that he demanded Rs. 10 lakhs as ransom from BDO, Gaunaha.

Patna High Court Cr.Misc. No.42508 of 2017 (2) dt.07-11-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report but during investigation his name surfaced. He submits that no overt act has been committed and no offence is made out against the petitioner as no occurrence took place. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Addl. Chief Judicial Magistrate-V, West Champaran at Bettiah, in connection with Chanpatia P.S. Case No. 207/2017, subject to the conditions that :

(i) Both the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the

Patna High Court Cr.Misc. No.42508 of 2017 (2) dt.07-11-2017 3/3 petitioner.

(ii) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(iii) Petitioner will also appear before the concerned police station in the first week of every month till six months and mark his attendance.

(Nilu Agrawal, J) Rajesh/- U T