Pappu Rai @ Pappu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76482 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- AMNAUR District- Saran ====================================================== PAPPU RAI @ PAPPU KUMAR RAI Son of Rampravesh Rai Resident of Village - Sahabuddin Bhithi, P.S.- Baniyapur, District- Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajesh Roy For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-06-2020 Heard Mr. Ravindra Kumar, learned counsel assisted by Mr. Rajesh Roy, for the petitioner and Mr. Nityanand, learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of regular bail arises out of Amnour P.S. Case No.146 of 2019 registered for the offence punishable under Sections 399, 402, 414 and 413 of the Indian Penal Code and Section 24(1-b) a, 26 and 35 of the Arms Act. The petitioner is in custody since 31.05.2019. It is alleged in the First Information Report, registered on the basis of the statement of Station House Officer, Amnour (Saran), that the police had received a secret information that some miscreants had assembled to commit dacoity. A raid was conducted, when five persons were seen fleeing away on noticing the presence of the police. The petitioner was also

Patna High Court CR. MISC. No.76482 of 2019(4) dt.04-06-2020 2/3 apprehended. From the possession of the co-accused Moharram Ali, country made pistol and cartridges were recovered. A master key was also recovered from his possession, who is said to have disclosed the police about theft of motorcycle, in which he was involved. From possession of co-accused Sipahi Rai also, country made pistol was recovered. So far as the petitioner is concerned, from his possession a knife and a motorcycle was recovered. It is also alleged that the motorcycle, which was recovered from the petitioner's possession, was stolen one. The criminals so apprehended are said to have confessed that they indulged themselves in commission of dacoity. Learned counsel for the petitioner has submitted that the petitioner is in custody since 31.05.2019. From the statement made in paragraph 3 of the application, it appears that the petitioner has criminal antecedent.

Be that as it may, considering the nature of recovery said to have been made from the petitioner's possession and the fact that he is in custody since 31.05.2019, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.76482 of 2019(4) dt.04-06-2020 3/3 two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-2nd, Saran at Chapra, in Amnour P.S. Case No. 146 of 2019.

(Chakradhari Sharan Singh, J) Pawan/- U T