Patna High Court
Pappu Kumar @ Bagra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to bond and surety conditions, considering the non‑specific nature of the allegations and potential false implication.
Summary
The petitioner, Pappu Kumar, was implicated in a case (Pauthu PS Case No. 125 of 2025) involving alleged assault, kidnapping, and theft under several sections of the B.N.S. The prosecution alleged that the petitioner, along with co‑accused, assaulted an informant, recorded a nude video, and stole valuables. The petitioner’s counsel argued that the allegations against him were non‑specific, that the injuries described matched the actions of another accused, Bajrangi, and that the FIR was lodged after an unreasonable delay, suggesting false implication. The court noted the lack of specific allegation against the petitioner and the possibility of false implication, and therefore considered bail. Justice Arun Kumar Jha ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties and complying with conditions under Section 482(2) of the B.N.S.S., including attendance in court as required.
Issues considered
- Whether the petitioner is entitled to bail given the non‑specific allegations and possibility of false implication
- Whether the delay in filing the FIR warrants consideration for bail
Legislation cited
Subjects
- bail
- false implication
- criminal procedure
- Section 482
- assault
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16315 of 2026
Arising Out of PS. Case No.-125 Year-2025 Thana- PAUTHU District- Aurangabad
======================================================
Pappu Kumar @ Bagra Yadav S/o- Jayaram Yadav R/v- Itar PS- Pauthu Dist-
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Mukul Kumari, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Pauthu P.S. Case No.
125 of 2025 registered for the offences under Sections 126(2),
115(2), 109(1), 356(2), 303(2), 352, 351(2), 3(5) of B.N.S.
3. As per prosecution case, the informant was
assaulted by the petitioner and other co-accused persons who hit
him with a bamboo making him unconscious. Thereafter, the
informant was dragged to a brick kiln near a tree and his nude
video was recorded and he was assaulted. They also snatched
gold locket and Rs. 1500/- from the informant.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.16315 of 2026(2) dt.06-04-2026
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case. There is general and omnibus allegation against the
petitioner. The allegation of assault by bamboo is against co-
accused Bajrangi and there is no specific allegation of assault
against the petitioner. Two lacerated wounds have been found
on the head of the informant of size 1/4" x 1/6" x1/6" and 1/6" x
1/6" x 1/6", respectively. There is no allegation of causing such
injuries against this petitioner. Learned counsel further submits
that all the four accused persons belong to the same family.
False implication is also apparent from delay in lodging the FIR
as the FIR has been lodged after 10 days of the alleged
occurrence but no reason has been assigned for this delay.
Learned counsel further submits that the petitioner has got clean
antecedent and the present case is outcome of false implication.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
non-specific nature of allegation against the petitioner and the
injury report of the informant corroborates the allegation against
co-accused Bajrangi and further considering the possibility of
false implication, let the petitioner above named, in the event of
his arrest or surrender before the court concerned within a
Patna High Court CR. MISC. No.16315 of 2026(2) dt.06-04-2026
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period of eight weeks from today, be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-I, Aurangabad/concerned court
in connection with Pauthu P.S. Case No. 125 of 2025, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.
and other following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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