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Patna High Court

Pappu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Pappu Yadav, was arrested in connection with a murder case (S.Tr. No.45A/2023) alleged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged that nine persons participated in the killing, but the petitioner’s counsel argued that there were no specific allegations against him, no witnesses had been examined, and he had been in custody since 18‑10‑2024. The High Court examined the lack of material linking the petitioner to the crime, the prolonged pre‑trial detention, and the possibility of the case being false. Considering these factors, the Court granted bail on a bond of Rs.10,000 with two sureties of the same amount. The order was limited to the bail application and did not express any opinion on the merits of the trial. The petitioner was directed to appear before the lower court with the bail bond.

Issues considered

  • Whether bail should be granted to the petitioner given the alleged offences, lack of specific evidence, and delay in trial

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Arms Act
  • pre‑trial detention
  • delay in trial
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1033 of 2026
                      Arising Out of PS. Case No.-24 Year-2021 Thana- NADI P.S. District- Bhagalpur
                 ======================================================
                 Pappu Yadav S/o Madan Mohan Yadav R/o Village - Dhodiya, P.S - Nadi,
                 District - Bhagalpur

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Davendra Kumar Pandey, Advocate
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   27-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with S.Tr.

                   No.45A/2023 arising out of Nadi P.S. Case No. 24 of 2021,

                   registered for the offence punishable under Sections 302, 34 of

                   I.P.C. and Section 27 of Arms Act.

                                3. As per the prosecution case, nine persons are said to

                   have taken the victim and killed him.

                                4. It has been submitted by the learned counsel for the

                   petitioner that there is no specific allegation and the case

                   appears to be false. He further submits that the petitioner is in

                   custody since 18.10.2024 and in the trial, no witness has been

                   examined.

                                5. Learned APP appearing for the State opposes the
            Patna High Court CR. MISC. No.1033 of 2026(5) dt.27-04-2026
                                                        2/2




                      prayer for bail of the petitioner.

                                   6. Considering the facts and circumstances of the case

                      and the fact that there is no material to connect the petitioner

                      with crime, the period of custody and the delay in trial, this

                      application is allowed. Let the petitioner, above named, be

                      released on bail upon furnishing bail bonds of Rs.10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of the learned A.D.J. Ist, Naugachia /concerned

                      Court below in connection with S.Tr. No.45A/2023 arising out

                      of Nadi P.S. Case No. 24 of 2021.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present bail

                      application and shall not prejudice the case of the petitioners at

                      any subsequent stage of the trial and this Court has not express

                      any opinion on the merits of the case.



                                                                          (Sandeep Kumar, J)
sanjeev/-

U       T


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