Pappu Kumar @ Papu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Pappu Kumar @ Papu Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail in connection with Sandesh P.S. Case No. 263 of 2024 on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara / concerned Court, subject to the condition under Section 480(3) of the B.N.S.S. and additional conditions (close-relative bailor, presence on each date fixed, cancellation of bail bond on non-appearance/violation).

Issue for consideration

Whether petitioner Pappu Kumar @ Papu Kumar should be released on bail in connection with Sandesh P.S. Case No. 263 of 2024 dated 16.09.2024 (offences under Section 109 read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act).

Court's answer

Considering the facts and circumstances, submissions of the parties, the nature of allegation, the period of custody of the petitioner and submission of chargesheet against him, the petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara / concerned Court, subject to the condition laid down under Section 480(3) of the B.N.S.S. and further conditions: (i) one bailor to be a close relative of the petitioner; (ii) petitioner to remain present on each and every date fixed by the court below if so required; (iii) on non-appearance on a single date or violation of bail terms, the bail bond liable to be cancelled by the concerned Court.

Detailed headnote1 paragraphs

Bail — Regular bail granted — Patna High Court, Criminal Miscellaneous No.32243 of 2025 (order dated 10-12-2025, Arun Kumar Jha, J) — Petitioner Pappu Kumar @ Papu Kumar sought bail in Sandesh P.S. Case No. 263 of 2024 (dated 16.09.2024), District Bhojpur, registered for offences punishable under Section 109 read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act — Prosecution case: petitioner allegedly lured through a call for filling an Aadhaar card form, after which three persons arriving on a motorcycle shot the informant, causing injury on his back; petitioner's name transpired in investigation — Defences urged: implication falsely alleged; fardbayan recorded after twenty hours; complicity shown only through confessional statement of co-accused Sonu Kumar; no test identification parade conducted; parity with co-accused Munna Yadav who was granted anticipatory bail (order dated 08.01.2025 in Cr. Misc. No. 89615 of 2024) while co-accused Sunil Kumar's bail was rejected (order dated 26.11.2025 in Cr. Misc. No. 26322 of 2025) on account of eight serious antecedent cases; petitioner himself has five antecedent cases — Held: considering the nature of allegation, period of custody (in custody since 05.10.2024) and submission of chargesheet, petitioner directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara / concerned Court, subject to the condition under Section 480(3) of the B.N.S.S. and conditions that one bailor be a close relative, the petitioner remain present on each date fixed if required, and the bail bond be liable to cancellation on non-appearance on a single date or violation of bail terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32243 of 2025

Arising Out of PS. Case No.-263 Year-2024 Thana- SANDESH District- Bhojpur

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

Pappu Kumar @ Papu Kumar Son of Ved Prakash Singh, R/o Village - Bhaluni, P.S.- Narayanpur, District - Bhojpur.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Opposite Party/s : Ms. Sharda Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

7 10-12-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

In the present case, the petitioner seeks bail in connection with Sandesh P.S. Case No. 263 of 2024 dated 16.09.2024, registered for the offences punishable under Section 109 read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.

As per the prosecution case, petitioner received a call for filling of form for Aadhar card and after some reluctance, the petitioner went to the said place where he was asked to come. Three persons riding a bike came there and shot the informant who received injury on his back. The name of the petitioner transpired in the investigation for being involved in the said occurrence.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.32243 of 2025(7) dt.10-12-2025 2/3

been implicated in the present case. The fardbayan was recorded after twenty hours and this shows that the occurrence has not taken place in the manner as alleged. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Sonu Kumar and except for the said confessional statement, there is no other cogent material to show the complicity of the petitioner in the alleged occurrence. The petitioner has not been put to any test identification parade. Similarly placed coaccused Munna Yadav has been granted the privilege of anticipatory bail by a learned co-ordinate Bench of this Court vide order dated 08.01.2025 passed in Cr. Misc. No. 89615 of 2024, whereas the prayer for bail of another co-accused Sunil Kumar was rejected vide order dated 26.11.2025 passed in Cr. Misc. No. 26322 of 2025 by another learned co-ordinate Bench of this Court, but the rejection order was passed considering the antecedent of 8 serious cases. Learned counsel next submits that petitioner is having antecedent of five cases and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 05.10.2024.

Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the

Patna High Court CR. MISC. No.32243 of 2025(7) dt.10-12-2025 3/3

nature of allegation and also considering the period of custody of the petitioner and submission of chargesheet against him, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara / concerned Court, in connection with Sandesh P.S. Case No. 263 of 2024 , subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the

petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J)

Shahnawaz/-

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