Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77249 of 2019 Arising Out of PS. Case No.-111 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Pappu Kumar, Son of Shri Umesh Jha, Resident of Village-Chakgarji, P.S.- Ahiyapur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.06.2019 in a case registered for the offences punishable under Sections 328, 307 and 379/34 of the Indian Penal Code. The prosecution case is to the effect that on 13.03.2019, the informant was going to his native place by hiring a vehicle when the driver of the vehicle asked for water bottle from the informant, thereafter, the informant gave him water bottle but the driver of the vehicle returned the water bottle saying that the water was hot. After sometime, when the informant drank water from that bottle, he got unconscious and his ATM cards, cash amount of Rs.3200/-, Identity card, Aadhar

Patna High Court CR. MISC. No.77249 of 2019(2) dt.04-12-2019 2/3 card, PAN card, driving licence and two mobile phones were snatched. Subsequently, when the informant regained consciousness, he found that total cash of Rs. 65,000/- was withdrawn by using his ATM cards. It is alleged that the name of the petitioner sprang up during investigation on his confession before the police.

It is submitted by learned counsel for the petitioner that the petitioner made confession before the police which has no evidentiary value. It is further submitted that neither there is any recovery from the possession of the petitioner nor the petitioner has been put on T.I. Parade. The petitioner is accused in two other cases but he is on bail in those cases, though, statement to that effect has not been made in the petition.

Learned APP submits that the petitioner has made confession before the police.

Considering the fact that no recovery has been made from the possession of the petitioner, the investigation has already been concluded and the petitioner has not been put on T.I. Parade, let the above named petitioner 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 learned

Patna High Court CR. MISC. No.77249 of 2019(2) dt.04-12-2019 3/3 Additional Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Sadar (Mabbi O.P.) P.S. Case No. 111 of 2019. (Dinesh Kumar Singh, J) DKS/- U T