Patna High Court
Papu Kumar @ Papu Kumar Yadav @ Pappu RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding insufficient evidence to justify continued detention.
Summary
The petitioner, Papu Kumar, sought bail in a theft case (Section 379 IPC) where the FIR alleged theft of Rs. 1,20,000 and siphoning of petrol. He claimed innocence, stating the FIR was lodged against unknown miscreants and that only a confessional statement of another accused, Dhiraj Kumar, implicated him. No material evidence was recovered from the petitioner, and a co‑accused, Munna Kumar, had previously been granted bail in a similar case. The State opposed bail, citing a prior criminal antecedent. Considering the lack of substantive evidence and the petitioner’s prolonged custody since September 2025, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, imposing conditions on appearance, witness tampering, and future conduct. The bail application was therefore allowed.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under Section 379 IPC and a prior criminal antecedent
- Whether the evidence on record justifies continued judicial custody
- Whether the conditions imposed on bail are appropriate
Legislation cited
- Indian Penal Code — s. 379
Subjects
- bail
- theft
- Section 379 IPC
- judicial custody
- sureties
- witness tampering
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10363 of 2026
Arising Out of PS. Case No.-101 Year-2023 Thana- MEHSI District- East Champaran
======================================================
Papu Kumar @ Papu Kumar Yadav @ Pappu Rai S/O Ashok Rai R/O Village-
Baniya Tola Dewariya, P.S- Dewariya, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Mehsi P.S. Case No. 101 of 2023 registered for the offence
punishable under Section 379 of the Indian Penal Code.
3. The case of the prosecution in short is that
unknown miscreants has committed theft of Rs. 1,20,000/- and
have also filled a gallon from the petrol pump.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. It is further submitted that the FIR was lodged against
unknown miscreants. He also submits that during the course of
investigation, one Dhiraj Kumar was apprehended, and Dhiraj
Patna High Court CR. MISC. No.10363 of 2026(2) dt.25-02-2026
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Kumar has disclosed the name of this petitioner. Nothing has
been recovered from the possession of this petitioner. Save and
except the confessional statement, there is nothing against the
petitioner. It has further been submitted that one co-accused
namely, Munna Kumar, having a similar nature of allegation,
has been granted bail by the learned co-ordinate Bench of this
Court in Cr. Misc. No. 64245 of 2023. He further submits that
the petitioner is languishing in judicial custody since
20.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Mehasi P.S. Case No. 101 of 2023 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Motihari.
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show his
bona fide;
Patna High Court CR. MISC. No.10363 of 2026(2) dt.25-02-2026
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(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bonds by the Trial Court itself.
(iii) the petitioner shall appear before the concerned
police station every month for one year to mark attendance;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidence,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds; and
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
7. With this observation, the bail application stands
allowed.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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