Patna High Court
Pappu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners as the allegations were not substantiated and were of a general nature.
Summary
The petitioners, a group of relatives, sought anticipatory bail in connection with FIR No. 192 of 2025 alleging offences under various sections of the Bhartiya Nagarik Suraksha Sanhita. The prosecution alleged that the petitioners assaulted an informant, his family, and stole cash and jewellery, but the injury report contradicted the claim of assault on the informant and the allegations against the other petitioners were described as general and omnibus. The petitioner's counsel argued that there was no specific evidence linking any petitioner to the alleged acts. The Additional Public Prosecutor did not contest these submissions. Considering the lack of corroboration and the vague nature of the allegations, the Court exercised its discretion under Section 438(2) of the CrPC and Section 482(2) of the BNS to grant anticipatory bail with conditions. The order directed the petitioners to furnish bail bonds and comply with procedural conditions, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted when the FIR allegations are not corroborated by medical evidence
- Whether general and omnibus allegations constitute sufficient ground for arrest
- Whether the provisions of Section 438(2) CrPC and Section 482(2) BNS empower the court to grant anticipatory bail in the present facts
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNS
- lack of corroboration
- omnibus allegations
- injury report
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20545 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
Pappu Kumar Singh S/o Rambriksh Singh @ Late Rambriksh Singh Resident
of Village- Ward No. 10, Dumariya, P.S.- Kishanpur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 20838 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
1. Sohan Kumar @ Sohan Kumar Singh S/O Rambriksh Singh @ Late
Rambriksh Singh R/O Village- Ward No. 10, Dumariya, P.S- Kishanpur,
Distt.- Supaul
2. Usha Devi W/O Rambriksh Singh @ Late Rambriksh Singh R/O Village-
Ward No. 10, Dumariya, P.S- Kishanpur, Distt.- Supaul
3. Mangli Devi W/O Rambriksh Singh @ Late Rambriksh Singh R/O Village-
Ward No. 10, Dumariya, P.S- Kishanpur, Distt.- Supaul
4. Manju Devi W/O Rajesh Kumar Singh @ Raman @ Rajesh Kumar Raman
R/O Village- Ward No. 10, Dumariya, P.S- Kishanpur, Distt.- Supaul
5. Mala Devi @ Mala Kumari W/O Pappu Kumar Singh R/O Village- Ward
No. 10, Dumariya, P.S- Kishanpur, Distt.- Supaul
6. KhushbuKumari D/O Rajesh Kumar Singh @ Raman @ Rajesh Kumar
Raman R/O Village- Ward No. 10, Dumariya, P.S- Kishanpur, Distt.- Supaul
7. PinkiKumari D/O Rajesh Kumar Singh @ Raman @ Rajesh Kumar Raman
R/O Village- Ward No. 10, Dumariya, P.S- Kishanpur, Distt.- Supaul
8. Dharmendra Kumar Singh S/O Rajesh Kumar Singh @ Raman @ Rajesh
Kumar Raman R/O Village- Ward No. 10, Dumariya, P.S- Kishanpur, Distt.-
Supaul
9. Jitendra Kumar @ Jitendra Kumar Singh S/O Rajesh Kumar Singh @
Raman @ Rajesh Kumar Raman R/O Village- Ward No. 10, Dumariya, P.S-
Kishanpur, Distt.- Supaul
10. SukhdevSah S/O NandlalSah R/O Village- Ward No. 10, Dumariya, P.S-
Kishanpur, Distt.- Supaul
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Patna High Court CR. MISC. No.20545 of 2026(3) dt.19-05-2026
2/5
Appearance :
(In CRIMINAL MISCELLANEOUS No. 20545 of 2026)
For the Petitioner/s : Mr. Nafisu Zzoha, Adv.
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
(In CRIMINAL MISCELLANEOUS No. 20838 of 2026)
For the Petitioner/s : Mr. Nafisu Zzoha, Adv.
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 19-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State through
virtual mode.
2. The petitioner is apprehending his arrest in
connection with Kishanpur P.S. Case No. 192 of 2025, dated
20.09.2025 registered for the offences punishable under
Sections 126(2), 115, 109, 303(2), 76, 352, 351(2), 3(5) of BNS.
3. As per prosecution case, the informant alleges that
despite having purchased the disputed land through registered
sale deeds and regularly paying land revenue, on 16.06.2025 at
about 8:00 A.M., while he was constructing a hut over the said
land, all the accused persons, variously armed with lathi, sword,
iron rod and firearms, arrived at the place of occurrence and
assaulted him. It is alleged that the informant was strangulated
with a towel and rendered unconscious. Thereafter, the accused
persons also assaulted his wife Sona Devi and other family
members, causing injuries, outrage of modesty and snatching of
gold ornaments and cash of Rs. 5,000/-. It is further alleged that
Patna High Court CR. MISC. No.20545 of 2026(3) dt.19-05-2026
3/5
the accused persons also threatened to kill and bury the
informant’s family members on the disputed land itself. On
intervention of villagers, the injured persons were taken to the
Government Hospital for treatment, leading to registration of
the present F.I.R.
4. Learned counsel for the petitioner (in Cr. Misc. No.
20545) submits that as per the allegation, the petitioner is said to
have caused injuries on the back of the informant while the
injury report which has been forwarded by the prosecution for
consideration does not support the prosecution story, as a
fracture has been found on the right hand index finger and with
regard to other (in Cr. Misc. No. 20838), learned counsel for the
petitioners submits that there is nothing specific against any of
the petitioners of any overt act, while allegations of snatching an
amount to the tune of Rs. 5,000/- along with gold ornament are
general and omnibus in nature.
5. Learned APP, on the other hand, after perusing the
FIR and the materials which have been surfaced during the
course of investigation does not controvert the submissions of
learned counsel for the petitioner.
6. Considering the aforesaid facts and circumstances
and that the allegation in respect of Pappu Kumar singh is not
Patna High Court CR. MISC. No.20545 of 2026(3) dt.19-05-2026
4/5
corroborated with the injury report while in case of other
petitioners, the allegation made is general and omnibus, this
Court is inclined to grant the privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Supaul in
connection with Kishanpur P.S. Case No. 192 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
Patna High Court CR. MISC. No.20545 of 2026(3) dt.19-05-2026
5/5
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
Abhishek/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.