Pappu Kumar @ Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1121 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== PAPPU KUMAR @ PAPPU SINGH, s/o Vijay Prasad, resident of Village - Niranjana , PS- Yadavpur, District, Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Kuchaikot P.S. Case No. 08 of 2018 registered for the offence punishable under Sections 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

Informant has alleged that while he was checking vehicle, he saw that three persons were coming on a motorcycle and when they were given signal to stop, they started fleeing away by turning motorcycle and in that course, out of them, one person fell down from the motorcycle and rest accused managed to escape with the motorcycle and from the possession of the apprehended person one country made pistol of 12-bore, a live cartridge and cash of Rs.88,000/- were recovered. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.1121 of 2019(2) dt.24-01-2019 2/3 he is innocent and has falsely been implicated in this case. It has been submitted on behalf of the petitioner that name of the petitioner has surfaced in this case on the confessional statement made by apprehended person, Chhotelal Singh, and except said confession, there is no any other incriminating material against the petitioner. Petitioner has been remanded in this case on 16.05.2018. Similarly placed co-accused Manish Singh has already been granted bail by a co-ordinate Bench of this Court vide order dated 15.01.2019 passed in Cr. Misc. No.1935 of 2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 7th Additional Chief Judicial Magistrate, Gopalganj in connection with Kuchaikot P.S. Case No. 08 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond

Patna High Court Cr.Misc. No.1121 of 2019(2) dt.24-01-2019 3/3 shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T