Pappu Yadav @ Pappu Pelu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67171 of 2022 Arising Out of PS. Case No.-207 Year-2022 Thana- ARARIA District- Araria ====================================================== Pappu Yadav @ Pappu Pelu S/o Chhotu Yadav R/v- Khariya Basti, Ward No. 10, P.S. and District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 27.03.2022 in connection with Araria P.S. Case No. 207 of 2022, F.I.R. dated 12.03.2022 for the offences punishable under Section 395 of the Indian Penal Code but later on Section 412 of the Indian Penal Code was added.

According to prosecution case, all the accused persons snatched the bag from the informant containing Rs. 13 lakhs and other important documents on point of pistol and also assaulted the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and

Patna High Court CR. MISC. No.67171 of 2022(4) dt.29-04-2023 2/3 the name of the petitioner has been transpired on the basis of confessional statement of the co-accused person, namely, Md. Noman. He further submits that nothing has been recovered from the conscious possession of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that except the confessional statement of the co-accused person, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 27.03.2022.

The learned Additional Public Prosecutor on the basis of material available on record as well as case diary has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner was involved in the present occurrence and the petitioner carries 6 criminal antecedents other than the present one but fairly submits that the petitioner is on bail in all the 6 cases. Considering the aforesaid facts and circumstances, 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 the learned Chief

Patna High Court CR. MISC. No.67171 of 2022(4) dt.29-04-2023 3/3 Judicial Magistrate, Araria in connection with Araria P.S. Case No. 207 of 2022, subject to the following conditions:-

1. 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at 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) Vanisha/- U T