Pappu Kumar @ Pappu Yadav @ Hemant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70756 of 2024 Arising Out of PS. Case No.-74 Year-2022 Thana- SIMULTALLA District- Jamui ====================================================== Pappu Kumar @ Pappu Yadav @ Hemant Kumar Son of Bonga Yadav @ Bonga Mahton Village - Pachhiyari Kothiya (Gidhani), P.S.- Jasidih, District - Deoghar (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-12-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Simultalla P.S. Case No. 74 of 2022 lodged on 09.08.2022, for the offences punishable under Section 392 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against three unknown persons against whom there is allegation that they have snatched money, Samsung Tab, mobile phone and motorcycle from the informant.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner is not named in the FIR. Counsel
Patna High Court CR. MISC. No.70756 of 2024(2) dt.04-12-2024 2/3 submits that nothing incriminating has been recovered from the petitioner's possession nor he was put on TIP. Counsel further submits that the name of the petitioner has been figured in this case at the instance of the police only due to the reason that his criminal antecedent is not clean. Counsel further submits that other co-accused persons have been granted bail by this Court as well as by the Co-ordinate Bench of this Court vide orders dated 19.05.2023 & 06.06.2023 passed in Cr. Misc. Nos. 22644 of 2023 & 27426 of 2023 respectively.
5. Learned Counsel for the petitioner further submits that the criminal antecedent of the petitioner is not clean as there are five criminal cases pending against him and in all the cases, he is on bail. The petitioner is in custody since 01.06.2024 in the present case.
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 five 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
Patna High Court CR. MISC. No.70756 of 2024(2) dt.04-12-2024 3/3 framing of charge, if not framed as well as on being satisfied by 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, Jamui in connection with Simultalla P.S. Case No. 74 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C.
8. Pending cases against the petitioner are as follows:- • Jasidih P.S. Case No.254 of 2022 • Sharma P.S. Case No.84 of 2022 • Jasidih P.S. Case No.26 of 2023 • Jasidih P.S. Case No.255 of 2022 • Simultalla P.S. Case No.78 of 2022.
(Dr. Anshuman, J) Divyansh/- U T