Papu Kumar Yadav @ Pappu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Papu Kumar Yadav @ Pappu Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st Sherghati, Gaya, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court.

Issue for consideration

Whether the petitioner, in custody since 04.06.2024 in connection with Sherghati P.S. Case No. 259 of 2024 (Sections 379, 414/34 IPC), should be released on regular bail.

Court's answer

Considering the facts and circumstances, the petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st Sherghati, Gaya, subject to the condition that he shall co-operate in the disposal of trial and make himself available as and when required by the court.

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J), Criminal Miscellaneous No. 60112 of 2024, order dated 20-09-2024: Regular bail granted to Papu Kumar Yadav @ Pappu Kumar in connection with Sherghati P.S. Case No. 259 of 2024, District Gaya, registered under Sections 379, 414/34 of the IPC. Allegation: during a raid on the house of co-accused Subas Yadav @ Subas Kumar, who disclosed involvement in illicit liquor business, a stolen motorcycle was recovered from bamboo clamps near his house; the petitioner's name figured in the co-accused's confession. Counsel argued nothing was recovered from the petitioner's conscious possession, that the co-accused had already been granted bail by the same Bench on 27.08.2024 in Cr. Misc. No. 57235 of 2024, and that the petitioner stood on better footing; petitioner in custody since 04.06.2024. Bail allowed on bonds of Rs. 10,000/- with two like sureties to the ACJM, 1st Sherghati, Gaya, conditioned on co-operation with the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60112 of 2024

Arising Out of PS. Case No.-259 Year-2024 Thana- SHERGHATI District- Gaya

======================================================

Papu Kumar Yadav @ Pappu Kumar Son of Mahesh Yadav Resident of Village - Palhat Khurd, P.S.- Sherghati, Distt.- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 20-09-2024

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Sherghati P.S. Case No. 259 of 2024, registered for the offences punishable under Sections 379, 414/34 of the IPC.

As per allegation, when the house of co-accused Subas Yadav @ Subas Kumar was raided, he started fleeing away but was apprehended after a little chase. The co-accused disclosed that he and other accused persons are involved in

Patna High Court CR. MISC. No.60112 of 2024(3) dt.20-09-2024 2/3

business of illicit liquor and on the disclosure of co-accused, a stolen motorcycle was recovered from the bamboo clamps, situated nearby his house.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing was recovered from his conscious possession. He further submitted that co-accused Subas Yadav @ Subas Kumar @ Subhas Kumar in his confession, the name of the petitioner has figured in this case, has already been granted bail by this Bench vide order dated 27.08.2024 passed in Cr. Misc. No. 57235 of 2024 and the case of this petitioner stands on better footing. Petitioner is in custody since 04.06.2024.

On the other hand, the learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Sherghati, Gaya in connection with Sherghati P.S. Case No. 259 of 2024, subject to the following condition:-

(i) The petitioner shall co-operate in the disposal of

Patna High Court CR. MISC. No.60112 of 2024(3) dt.20-09-2024 3/3

trial and make himself available as and when required by the

court.

(Nawneet Kumar Pandey, J)

Arish/- U T