Pappu Khan @ Pappu Ali Khan @ Md. Shaud Ali Khan @ Shaud Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31267 of 2018 Arising Out of PS.Case No. -282 Year- 2017 Thana -MEERGANJ District- GOPALGANJ ====================================================== Pappu Khan @ Pappu Ali Khan @ Md. Shaud Ali Khan @ Shaud Khan,s/o Naushad Ali @ Naushad Ali Khan, r/v-Pakri, P.S. Barharia, District-Siwan. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Mirganj P.S. Case No. 282/2017 registered under Sections 399, 402 and 414 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act.
As per the prosecution case, some miscreants were assembled at a place for committing dacoity and on the tip off, four accused persons were apprehended while others managed to escape. From their possession country made pistol was recovered. The apprehended accused persons disclosed the name of the petitioner as one of their fleeing accomplices. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the
Patna High Court Cr.Misc. No.31267 of 2018 (2) dt.21-05-2018 2/2 conscious physical possession of the petitioner. He has no concern with the aforesaid occurrence. He has been falsely implicated in this case at the instance of apprehended accused persons due to animosity. He was not apprehended at the spot. He has no criminal antecedent. He has been languishing in custody since 22.12.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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 2nd Additional Sessions Judge, Gopalganj in S.Tr. No. 98/2018, arising out of Mirganj P.S. Case No. 282/2017.
(Prakash Chandra Jaiswal, J.) Rakhi U T