Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23898 of 2018 Arising Out of P.S.Case No. -31 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Pappu Kumar S/o Bharat Mahto, R/o Vill.- Pakri Pakohi , P.S.- Karza, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. Zainul Abedin. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Hajipur Sadar P.S.Case No.31 of 2017 registered for an offence under Section 382 of the IPC.

It has been submitted that the name of the petitioner has been divulged only on suspicion. The petitioner's name surfaced on the confessional statement of co-accused Satyam Kumar @ Ranu and Md. Khurshid Alam @ Guddu, who have been granted bail by the court below. Neither any test identification parade has been conducted nor any incriminating articles have been recovered from his possession. He further submits that similarly situated co-accused Md. Irfan Alam has been granted regular bail by a coordinate Bench of this Court in

Patna High Court Cr.Misc. No.23898 of 2018 (3) dt.17-05-2018 2/2 Cr.Misc.No.47450 of 2017.

The learned APP opposed the submissions.

Considering the facts and circumstances, the prayer for bail is allowed. Let the above named petitioner 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 CJM, Vaishali at Hajipur in connection with Hajipur Sadar P.S.Case No.31 of 2017 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T