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Patna High Court

Pappu SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                         3/3




                       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/-
U        T


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