Patna High CourtCR. MISC./2645/2024bail granted

Pappu Kumar v. The State Of Bihar

2024-01-31Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2645 of 2024 Arising Out of PS. Case No.-4 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Pappu Kumar, S/O -Ram Awadhesh Singh, R/O Village- P S Chandi,District Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ara (Muffasil) P.S. Case No. 04/2023 lodged on 03.01.2023 under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against three unknown accused persons against whom there is an allegation of robbery of cash amount and mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, neither any incriminating article has been recovered from the possession of the petitioner nor the petitioner has been put on the Test Identification Parade. The petitioner is not named in the

Patna High Court CR. MISC. No.2645 of 2024(2) dt.31-01-2024 2/3 FIR, rather his name has surfaced in this case by virtue of confessional statement of co-accused. The petitioner is in custody since 16.03.2023 and is accused in 6 more criminal cases, but in all the cases, he has been granted bail.

5. Learned counsel for the State opposes the prayer for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the petitioner is accused in six more criminal cases.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, 7th Bhojpur at Ara, in connection with Ara (Muffasil) P.S. Case No. 04/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

7. The trial Court shall release the petitioner on bail only after framing of charge and on being satisfied with the affidavit to be filed by the petitioner before the trial Court to the effect that he is not absconding in any of the six cases pending against him, as under :-

Patna High Court CR. MISC. No.2645 of 2024(2) dt.31-01-2024 3/3 i. Udwantnagar P.S. Case No. 229/2020.

ii. Ara Nawada P.S. Case No. 830/2019.

iii. Chandi P.S. Case No. 199/2021.

iv. Chandi P.S. Case No. 162/2021.

v. Ara (Mufasil) P.S. Case No. 01/2023.

vi. Udwantnagar P.S. Case No. 12/2023.

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