Pumpum Yadav @ Pampam Yadav @ Pampam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68259 of 2019 Arising Out of PS. Case No.-103 Year-2015 Thana- BHARGAMA District- Araria ====================================================== Pumpum Yadav @ Pampam Yadav @ Pampam Singh Son of Bhudev Prasad Singh @ Bhudev Kumar Singh Resident of Village - Raghunathpur South, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhijeet Gautam, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under sections 323/307/393 of the IPC and section 27 of the Arms Act.

As per the FIR, on 23.05.2015 at about 06:15 PM, the the informant along with Ganesh Ray was returning from Jadia to Purnia after unloading the vegetables by pickup van and reached near Khajuri Market (Bhargama), two miscreants by motorcycle tried to stop the vehicle of the informant and when the informant did not stop his vehicle, one of the miscreants sitting back of motorcycle fired upon the informant with his pistol causing injury to the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68259 of 2019(3) dt.29-01-2020 2/3 petitioner has falsely been implicated in this case. The petitioner is not named in the FIR and his name transpired during course of the investigation on the confessional statement of co-accused. Nothing has been recovered from the possession of the petitioner and also he has not been put on test identification parade (TIP) till date. Petitioner is in custody since 24.11.2018 and he has got no criminal antecedent. Chage-sheet has already been submitted.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 the Sub Divisional Judicial Magistrate, Araria in Bhargama Police Station Case No. 103 of 2015, on the following 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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move

Patna High Court CR. MISC. No.68259 of 2019(3) dt.29-01-2020 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T