Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77862 of 2019 Arising Out of PS. Case No.-350 Year-2019 Thana- MANIHARI District- Katihar ====================================================== PAPPU KUMAR YADAV Son of Ravindra Yadav Resident of VillageMirzapur Baghar, P.S.-Manihari, District-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code. The prosecution case is that the informant along with police officials were on duty and apprehended two persons, who were carrying two pieces of battery upon a cycle and on query, they disclosed their name as Pappu Kumar Yadav (petitioner) and Niranjan Kumar and on demand of paper, no relevant paper was produced by them.

It is submitted on behalf of the petitioner that petitioner has committed no offence and he was implicated in this case simply on mere suspicion. It is further submitted that the petitioner is a mechanic and he was carrying the battery in

Patna High Court CR. MISC. No.77862 of 2019(2) dt.29-11-2019 2/2 question of a customer. Petitioner is in custody since 25.08.2019 and having no criminal antecedent. He submits that similarly coaccused has been granted bail by coordinate Bench of this Court in Cr. Misc. No. 69194 of 2019 on 25.11.2019. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Manihari Police Station Case No. 350 of 2019, subject to the 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T