Divya Sundar @ Divyam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4903 of 2025 Arising Out of PS. Case No.-511 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Divya Sundar @ Divyam Son of Late Shyam Sunder @ Mahant Shyam Sundar Das Resident of Maliya Mahadev, P.S.- Alamaganj, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Mr. Manoj Kumar Pandey, Adv.
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP For the Informant : Mr. Pramhansh Kumar Puri, Adv. Mr. Md. Eqbal, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-02-2025
1. Heard learned senior counsel for the petitioner Mr. N.K. Agrawal, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Learned Senior counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that petitioner is not alleged to have participated in the occurrence of murder of the husband of the informant but then the informant alleges that petitioner along with other named accused persons in connivance got the occurrence committed. The learned Senior counsel next submits that similarly situated co-accused Kharbar Gope @ Yogendra
Patna High Court CR. MISC. No.4903 of 2025(2) dt.14-02-2025 2/3 Kumar had approached this Court seeking regular bail by filing Cr. Misc. No.75735 of 2024 and the same came to be allowed by an order dated 25.10.2024. It is next submitted that this Court while granting regular bail to Kharbar Gope had considered the case in detail and on merits. It is also submitted that similar situated co-accused Shishir Kumar had approached this Court seeking anticipatory bail by filing Cr. Misc. No.60773 of 2024 and the same came to be allowed by an order dated 01.10.2024. The learned Senior counsel thus submits that the case of the petitioner if not akin is similar to the case of Shishir and Kharbar Gope.
4. Learned A.P.P. and the learned counsel appearing on behalf of the informant opposes.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.25000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Alamganj P.S. Case No.511/2024.
6. Further, one of the bailors of the petitioner shall be his cousin brother, namely, Deepak Bhardwaj.
Patna High Court CR. MISC. No.4903 of 2025(2) dt.14-02-2025 3/3
7. It is made clear that if the learned trial court comes to a conclusion that petitioner after his release is trying to delay the trial in any manner, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) amit/- U T