Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83275 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- NADI P.S. District- Bhagalpur ====================================================== PAPPU YADAV S/O GAJADHAR YADAV R/O VILLAGE- LATTIPUR, P.S- BIHPUR, DISTT.- BHAGALPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nadi P.S. Case No.06 of 2023 lodged under Sections 302, 120B and 34 of the I.P.C. read with Section 27 of the Arms Act, 1959.

3. As per the prosecution case, the F.I.R. has been lodged against nine named accused persons including the petitioner against whom there is allegation of firing upon the brother of the informant due to which injury took place and he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's name has figured in this case due to village politics and village dispute between the informant and the

Patna High Court CR. MISC. No.83275 of 2023(4) dt.19-04-2024 2/3 petitioner. Counsel further submits that the informant is not the eye witness of this case.

5. Counsel further submits that the petitioner is in custody since 11.06.2023 having 13 criminal antecedent of the petitioner in which he is on bail in 10 cases and in rest 3 cases, he is persuading for bail.

6. Counsel also submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 20.02.2024 passed in Cr. Misc. No. 9484/2024.

7. Learned counsel for the State opposes the prayer for bail and submits that at the time of consideration of bail, antecedent of the petitioner may be taken into consideration.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, two months after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. C.J.M.-III, Naugachia, Bhagalpur in connection with Nadi P.S. Case No.06 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

9. However, the petitioner shall be granted bail only

Patna High Court CR. MISC. No.83275 of 2023(4) dt.19-04-2024 3/3 on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Bihpur P.S. Case No.222 of 2019.

ii. Bihpur P.S. Case No.261 of 2019.

iii. Bihpur P.S. Case No.355 of 2020.

iv. Bihpur P.S. Case no.40 of 2021.

v. Bihpur P.S. Case No.48 of 2022.

vi. Bihpur P.S. Case No.135 of 2022.

vii. Kharik P.S. Case No.128 of 2021.

viii. Kharik P.S. Case No.91 of 2020.

ix. Kharik P.S. Case No. 06 of 2019.

x. Kharik P.S. Case No. 106 of 2021.

xi. Bihpur P.S. Case No.142 of 2023.

xii. Kharik P.S. Case No.117 of 2023.

xiii. Kharik P.S. Case No. 279 of 2022.

(Dr. Anshuman, J.) Prakashmani/- U T