Patna High CourtCR. MISC./18823/2025bail granted

Pappu Kumar v. The State Of Bihar

2025-05-19Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18823 of 2025 Arising Out of PS. Case No.-492 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Pappu Kumar S/o Sanjay Yadav R/o vill - Mahewa, P.S.- Makhdumpur, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-05-2025 Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Makhdumpur P.S. Case No. 492 of 2024, F.I.R. dated 10.10.2024 registered for the offences punishable under Sections 126(2), 115(2), 303(2), 308(5), 109, 352, 3(5) of B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution story, the informant alleged that demanding extortion, the informant was abused, slapped and Rs. 7,200/- was taken from the informant's pocket besides the mobile.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case merely on the basis of disclosure made by co-accused person namely Bittu Kumar and except the

Patna High Court CR. MISC. No.18823 of 2025(2) dt.19-05-2025 2/3 aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. From perusal of the F.I.R. it appears that co-accused Bittu Kumar had taken out Rs. 7,200/- from the pocket of the informant and apart from that said co-accused Bittu KUmaralso pointed out pistol on the informant and said Bittu Kumar has been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 08.05.2025 passed in Cr. Misc. No. 88648 of 2024, another co-accused Akash Kumar has been granted the privilege of anticipatory bail by this Court today i.e. on 19.05.2025 by this Court in Cr. Misc. No. 12481 of 2025.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and similarly situated co-accused persons have been granted the privilege of anticipatory bail by this Court or by a Coordinate Bench of this Court, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Jehanabad in connection with Makhdumpur P.S. Case No. 492 of 2024, subject to the conditions

Patna High Court CR. MISC. No.18823 of 2025(2) dt.19-05-2025 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U