Patna High Court
Pappu Manjhi @Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs.10,000 and specific conditions, despite the pending cases and serious nature of the offences.
Summary
The petitioner, Pappu Manjhi, was arrested on 24 January 2023 in connection with a case registered under Section 394 of the IPC and Section 27 of the Arms Act, arising from a loot incident where the FIR named the offender as unknown. Although his name was not originally mentioned in the FIR, the investigation later identified him, and a charge sheet was filed with framing of charges on 1 August 2025. The petitioner sought bail, arguing that co‑accused had already been released on bail and that no material had been recovered from his possession. The State opposed bail, highlighting that the petitioner has 23 other criminal cases pending, with 16 still awaiting trial. The Court, after considering the length of custody, the nature of the offences, and the petitioner’s criminal antecedent, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to a petitioner charged under Section 394 IPC and Section 27 Arms Act, considering the pendency of multiple other criminal cases?
- Whether the petitioner’s prior criminal antecedent and the fact that co‑accused have been granted bail affect the decision to grant bail?
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 439
- Indian Penal Code — s. 394
Subjects
- bail
- Criminal Procedure Code
- Section 394 IPC
- Section 27 Arms Act
- prior criminal antecedent
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17239 of 2026
Arising Out of PS. Case No.-127 Year-2021 Thana- DIGHWARA District- Saran
======================================================
Pappu Manjhi @Pappu Kumar Son of Jawahar Manjhi R/ Village - Sikti, P.S.
- Parsa, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 12-05-2026 Heard Mr.Vijay Kumar, learned counsel for the
petitioner and Mr.Amitesh Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
24.01.2023 in connection with S.Tr. No.491 of 2025 arising out
of Dighwara P.S. Case No. 127 of 2021, F.I.R. dated 10.05.2021
registered for the offence punishable under Section 394 of the
I.P.C. and 27 of the Arms Act.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. The name of the petitioner
has been transpired during investigation and nothing has been
recovered from the conscious possession of the petitioner and
till date no TIP has been conducted by the prosecution. Further
Patna High Court CR. MISC. No.17239 of 2026(3) dt.12-05-2026
2/3
submits that co-accused person, namely, Krishna Ram and
Ramesh Paswan have been granted bail by different Coordinate
Benches of this Hon’ble Court vide orders dated 03.01.2022 and
01.08.2022 passed in Cr. Misc. Nos.41024 of 2021 and 67173 of
2021 respectively, and the police after investigation submitted
the chargesheet against the petitioner and the petitioner is in
custody since 24.01.2023 and the charge has been framed
against the petitioner on 01.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries twenty three more cases other than the present
one, out of twenty three cases, the petitioner is on bail in six
cases and in one case, the petitioner has been acquitted and rest
sixteen cases are pending before the competent Court of law, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts as well as the
period of custody, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge 05, Saran at
Chapra in connection with S. Tr. No.491 of 2025 arising out
of Dighwara P. S. Case No. 127 of 2021, with the following
Patna High Court CR. MISC. No.17239 of 2026(3) dt.12-05-2026
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conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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