Pappu Yadav @ Pappu Samrat Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Pappu Yadav @ Pappu Samrat Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender within six weeks on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur (Ara), subject to section 438(2) CrPC conditions and personal presence before the court below on each date.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner who is apprehending arrest in connection with Tiyar P.S. Case No. 78 of 2023 (offences under IPC ss. 147, 148, 149, 341, 323, 307, 326, 504, 506 and Arms Act s. 27). +1 more

Court's answer

In the event of arrest/surrender within six weeks, the petitioner is to be enlarged on bail on a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur (Ara), subject to the conditions under section 438(2) CrPC.

Ratio / Principle

On consideration of the facts and circumstances, and because there is no specific overt act against the petitioner, the Court granted anticipatory bail.

Key takeaways

Additional condition imposed: petitioner directed to remain physically present before the court below on each and every date; absence without reasonable cause on two consecutive dates renders the bail bond liable to cancellation.ratio¶7

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J), Criminal Miscellaneous No.22930 of 2024, order dt. 25-04-2024: Anticipatory bail allowed to Pappu Yadav @ Pappu Samrat, apprehending arrest in Tiyar P.S. Case No. 78 of 2023 (dated 04.11.2023), District Bhojpur, registered u/s 147, 148, 149, 341, 323, 307, 326, 504, 506 IPC and s. 27 Arms Act. Although counsel conceded four criminal antecedents and the allegations were general/omnibus (no specific allegation of firing, no recovery from conscious possession), the Court found no specific overt act against the petitioner and enlarged him on bail upon arrest/surrender within six weeks on a bond of Rs. 20,000/- with two like sureties to the CJM, Bhojpur (Ara), subject to s. 438(2) CrPC conditions and a direction to appear physically before the court below on every date, default on two consecutive dates exposing the bond to cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22930 of 2024

Arising Out of PS. Case No.-78 Year-2023 Thana- TEYAR District- Bhojpur

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

Pappu Yadav @ Pappu Samrat SON OF MANJEE YADAV RESIDENT OF VILLAGE- ANHARIBAG, PS- TIYAR, DISTT- BHOJPUR

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiv Prasad Gupta, Adv. For the Opposite Party/s : Mr. Raj Kishor Singh, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 25-04-2024

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case in

connection with Tiyar P.S. Case No. 78 of 2023 dated 04.11.2023 registered for the offences punishable u/s 147, 148, 149, 341, 323, 307, 326, 504 and 506 of the Indian Penal Code and u/s 27 of the Arms Act.

As per the prosecution case, the petitioner and all the co-accused persons along with 10-12 unknown persons are alleged to have entered the village and started indiscriminate firing, in this occurrence the informant’s nephew Anil sustained bullet injury.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case due to

Patna High Court CR. MISC. No.22930 of 2024(2) dt.25-04-2024 2/3

village politics. Both the parties are agnates. There is no specific allegation of firing against the petitioner and nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The petitioner has four criminal antecedents as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

Considering the aforesaid facts and circumstances and there is no specific overt act against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur Ara in connection with Tiyar P.S. Case No. 78 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable because, the bail bond of the petitioner is liable to cancelled.

Patna High Court CR. MISC. No.22930 of 2024(2) dt.25-04-2024 3/3

The application stands allowed.

(Chandra Prakash Singh, J)

annpurna/-

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