Patna High Court
Pappu SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted on the ground that the petitioner’s involvement was not substantiated by material evidence and he is entitled to liberty pending trial.
Summary
The petitioner, Pappu Singh, applied for bail in a case registered under Sections 414 and 34 of the IPC, Sections 25(1‑b)(a), 26 and 35 of the Arms Act, and Sections 8 and 20(b)(ii)(c) of the NDPS Act. The prosecution alleged that Singh was named by co‑accused as one of the persons who escaped after a police chase, while no weapon or contraband was recovered from him. The petitioner contended that he was falsely implicated, that the FIR only recorded recovery from the apprehended co‑accused, and that he had been in judicial custody since March 2024. The State opposed bail, highlighting six prior criminal cases against the petitioner. After hearing both sides, the Court decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, physical presence at trial, and weekly attendance at the police station.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his criminal antecedents
- Whether the mere mention of the petitioner in a co‑accused’s statement suffices to justify continued detention
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Indian Penal Code — s. 34, 414
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(c), 8
Subjects
- bail
- criminal antecedent
- co‑accused testimony
- NDPS Act
- Arms Act
- IPC
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12585 of 2026
Arising Out of PS. Case No.-390 Year-2021 Thana- HARSIDHI District- East Champaran
======================================================
Pappu Singh, S/o Madan Singh, R/o Village - Bhatha (Bhatahan) Ward No.
09, P.S.- Sugauli, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjana Srivastava, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Harsidhi P.S. Case No.390 of 2021registered for the
offence punishable under Sections 414 and 34 of the Indian
Penal Code, Section 25(1-b)a, 26 and 35 of the Arms Act and
Sections 8 and 20(b)(ii)(c) of N.D.P.S. Act.
3. The case of the prosecution, in short, is that two
persons on a red colour Apache bike and three persons on a
Splendor Plus bike were coming from Chapwa side. They
started fleeing away seeing the police. They were being chased
and two persons were apprehended. They were identified as
Manish Patel and Neeraj Kumar. When they were asked about
the persons who managed to escape, they disclosed their names
Patna High Court CR. MISC. No.12585 of 2026(2) dt.09-03-2026
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as the petitioner and others.
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. From perusal of the F.I.R., it is clear that the recovery, if
any, was made from the apprehended persons. Nothing was
recovered from the possession of this petitioner. His name has
surfaced only in the statement of the co-accused. He is
languishing in judicial custody since 04.03.2024.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of six cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Court No.II, N.D.P.S. Act, East
Champaran at Motihari in connection with Harsidhi P.S. Case
No. 390 of 2021 with the following conditions:-
(i) The petitioner shall cooperate in trial and shall
Patna High Court CR. MISC. No.12585 of 2026(2) dt.09-03-2026
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remain physically present on each and every date in learned
trial Court.
(ii) He shall also mark his attendance weekly at
Harsidhi P.S.
(Ashok Kumar Pandey, J)
lata/-
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