Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70824 of 2022 Arising Out of PS. Case No.-411 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Pappu Kumar Yadav Son Of Hem Narayan Yadav R/O Village- Mahthour Khurd, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 413, 414 of the IPC and Section 25(1-b)a, 26, 35 of the Arms Act. As per prosecution case, when the raid was conducted by police in another case Ghoghardiha P.S. Case No. 110 of 2022, one Dev Krishna Yadav was arrested and at the instance of him, the police also arrested the petitioner. On search, one stolen motorcycle without number plate was recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The said vehicle which is

Patna High Court CR. MISC. No.70824 of 2022(2) dt.28-02-2023 2/2 alleged to be recovered from the possession of the petitioner was purchased by the co-accused Deo Krishna Yadav. The complicity of petitioner has been shown only on the basis of confessional statement of co-accused Deo Krishna Yadav, which has got no evidentiary value in the eye of law. No any arms has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 29.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulparas P.S. Case No. 411 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur, District - Madhubani.

(Sunil Kumar Panwar, J) Amandeep/- U T