Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84058 of 2023 Arising Out of PS. Case No.-515 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Pappu Kumar Yadav Son Of Debu Yadav Resident Of Village- Navtol, PsPhulparas, Distt- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392, 411 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was going on his motorcycle bearing Reg. No. BR-04X-1527, two persons on a motorcycle and one person standing there, started abusing him and snatched his motorcycle and assaulted him. Co-accused Prakash Kumar Yadav was apprehended on spot who disclosed

Patna High Court CR. MISC. No.84058 of 2023(2) dt.08-01-2024 2/3 the name of petitioner and others.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner was apprehended on spot not he has been put on T.I.P. Nothing incriminating has been recovered from his possession rather the looted motorcycle was recovered from the possession of co-accused Prakash Kumar Yadav. The name of petitioner sprang up in this case on confessional statement of co-accused Prakash Kumar Yadav. Moreover, the petitioner is languishing in judicial custody since 12.07.2023. Similarly situated coaccused Prakash Kumar Yadav has been granted bail vide order dated 24.07.2023, passed in Cr. Misc. No. 30316 of 2023 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.84058 of 2023(2) dt.08-01-2024 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Phulparas P.S. Case No. 515 of 2022 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 Judicial Magistrate II, Jhanjharpur, Madhubani.

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