Patna High Court
Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 302, 34
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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