Pappu Kumar @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72817 of 2022 Arising Out of PS. Case No.-187 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== PAPPU KUMAR @ PAPPU YADAV Son of Gajendra Yadav, R/V- Tamhuwa Gochar, Ward no. 9, P.S- Chhatapur, Dist- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Singheshwar P.S. Case No. 187 of 2021, registered for offence punishable under Sections 382, 326, 307/34 of the Indian Penal Code read with Section 27 of the Arms Act. As per allegation, the informant, who is Security Guard of a Petrol Pump, in the mid-night of the occurrence, noticed that some thieves were pilfering out diesel from a truck and when he was awakening the other employees of that petrol pump, one accused person fired shot on him, which hit at his thigh.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.72817 of 2022(3) dt.21-04-2023 2/3 that the petitioner is innocent and there is nothing against him except his criminal antecedents mentioned in paragraph 3 of the bail petition and he is languishing in custody since 01.10.2021. On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioner's name has figured in the confessional statement of co-accused Anand Prakash, as mentioned in paragraph 35 of the case diary. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 187 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance

Patna High Court CR. MISC. No.72817 of 2022(3) dt.21-04-2023 3/3 with law.

(iii) The petitioner shall remain present physically before the court below on each and every date till conclusion of the trial and his failure to physical appearance shall lead to cancellation of his bail bond.

(Nawneet Kumar Pandey, J) Mahesh/- U T