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Patna High Court

Pappu Kumar @ PappuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail; the application for regular bail is allowed.

Summary

The Patna High Court considered an application for regular bail filed by Pappu Kumar, who was implicated in a violent incident resulting in the death of Naval Kumar. The prosecution alleged that co‑accused fired at the victim, while the petitioner was said to be part of the mob but no specific overt act was attributed to him. The petitioner’s counsel argued his innocence, clean record, that the charge‑sheet had been filed, and that similarly situated co‑accused had already been granted bail by other benches. The State opposed bail, claiming the petitioner actively participated in the crime. Weighing the lack of direct evidence against the petitioner, the prior bail orders, and the completed charge‑sheet, the Court ordered bail on a bond of Rs 10,000 with two sureties. The application was allowed, granting the petitioner bail.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences (including murder, attempt to murder and offences under the Arms Act).
  • Whether the absence of any overt act specifically attributable to the petitioner and the grant of bail to similarly situated co‑accused justify bail.
  • Whether the filing of the charge‑sheet and the lack of any allegation of evidence tampering affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • murder
  • arms act
  • mob participation
  • charge sheet
  • co‑accused
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14007 of 2026
                     Arising Out of PS. Case No.-84 Year-2023 Thana- LAUKAHA District- Madhubani
                 ======================================================
                 Pappu Kumar @ Pappu S/O Bishundeo Lijpurya Village- Sahorba, PS-
                 Laukaha, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :      Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Laukaha P.S. Case No.

                   84 of 2023 registered for the offences punishable u/s 147, 148,

                   149, 341, 323, 324, 307, 302, 120B, 504 of the I.P.C. and

                   Section 27 of the Arms Act.

                                3. As per the prosecution case, co-accused, namely,

                   Prabhas Kumar is alleged to have fired at Naval Kumar (cousin

                   of the informant) by means of katta due to which he sustained

                   injury. Thereafter, co-accused Priyesh Kumar and Durgesh

                   Kumar also fired at Naval Kumar as as result of which the bullet

                   hit his throat, subsequently, he was taken to the hospital where

                   the doctor declared him dead.
Patna High Court CR. MISC. No.14007 of 2026(2) dt.12-03-2026
                                            2/3




                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case merely on the basis of being a member of mob in the

          said occurrence. There is no overt act alleged against the

          petitioner while the allegation of firing is against co-accused

          Prabhas Kumar, Priyesh Kumar and Durgesh Kumar. As per the

          Annexure P/2 series, it is evident that similarly situated co-

          accused persons, namely, Laxmi Kumar, Roshan Kumar Yadav

          and Ramballah Yadav have already been granted the privilege of

          bail by co-ordinate Benches of this Court vide orders dated

          25.08.2023, 01.09.2023 and 17.08.2023 passed in Cr. Misc. No.

          54219 of 2023, Cr. Misc. No. 57557 of 2023 and Cr. Misc. No.

          52180 of 2023 respectively. It is also submitted that the

          petitioner has clean criminal antecedent and is in custody since

          23.10.2025. It is lastly submitted that the charge sheet has been

          submitted and there is no allegation of tampering with the

          evidence.

                       5. Learned APP for the State and learned counsel for

          the informant have vehemently opposed the prayer for bail of

          the petitioner and submitted that the petitioner has actively

          participated in the said occurrence.

                       6. Considering the aforesaid submissions of the
              Patna High Court CR. MISC. No.14007 of 2026(2) dt.12-03-2026
                                                          3/3




                        parties and taking into account the facts that similarly situated

                        co-accused persons have already been granted the privilege of

                        bail by co-ordinate Benches of this Court and there is no overt

                        act against the petitioner coupled with the fact that the charge

                        sheet has been submitted and there is no allegation of

                        tampering, let the petitioner above-named, be enlarged on bail

                        on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        learned Court concerned, Madhubani, in connection with

                        Laukaha P.S. Case No. 84 of 2023.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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