D.M. Pappu @ Praveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4344 of 2025 Arising Out of PS. Case No.-511 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== D. M. Pappu @ Praveen Kumar S/o Late Krishna Ram R/o vill - Harijan Colony, P.S.- Alamganj, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagnnath Singh- Advocate Mr. Akhilesh Kumar Mishra Mr. Deepak Kumar Mr. Padmanabh Kashyap- Mr. Md. Ghulam Mustafa Mr. A. K. Pandey Ms. Kumari Pallavi For the Opposite Party/s :
Mr. Dilip Kumar No. 1- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on 23.06.2024, her husband was watering flowers at the door, when two accused came on a motorcycle and fired indiscriminately killing her husband. It is next alleged that her
2/4 husband used to carry work of buying and selling properties with Shishir Kumar and other named accused persons including the petitioner and on account of old dispute relating to land, her husband has been killed. It is next alleged that on 08.03.2023, on the day of Holi, Shishir and others assaulted her husband and got him arrested.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that Shishir Kumar had approached this Court seeking anticipatory bail by filing Cr. Misc. No.60773 of 2024 and the same was allowed by an order dated 01.10.2024. It is next submitted that while granting the privilege of anticipatory bail to Shishir, this Court had considered the case in detail and on merits. It is further submitted that Kharbar Gope alias Yogendra Kumar and Divya Sundar alias Divyam, who are also named in the FIR like the petitioner, had approached this Court seeking regular bail by filing Cr. Misc. No.75735 of 2024 and Cr. Misc. No.4903 of 2025 respectively and the same were allowed by an order dated 25.10.2024 and 14.02.2025. It is submitted that while considering the case of Kharbar Gope and Divya Sundar, the Court had considered the case on merit and in detail. It is next
3/4 submitted that during the course of investigation, also no material has come which could even remotely connect the petitioner with the offence except for suspicion. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Patna City, Patna in connection with Alamganj P. S. Case No.511 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the
4/4 investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
9. Further, it is made clear that in the event, if chargesheet is filed connecting the petitioner with the offence in that event, the present anticipatory bail order shall come to an end.
10. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T