Created by Fuzzy Cloud

Patna High Court

Pappu Kumar @ Pappu PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.

Summary

The petitioner, Pappu Kumar, was arrested in connection with a case registered under Section 309(4) of the Bihar Narcotic Substances Act, 2023, alleging that he snatched a bolero pickup on gunpoint. The petitioner contended that the FIR named unknown miscreants and that he was falsely implicated, pointing out that only a confessional statement of another accused, Arvind Sahni, mentioned his name and that no material was recovered from him. He also highlighted that a co‑accused, Nagendra Mahto, had been granted bail in a similar case, and that he had been in judicial custody since June 2025. The State opposed bail, citing three prior criminal cases against the petitioner. After considering the lack of direct evidence, the similarity to the co‑accused’s case, and the petitioner’s custodial duration, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(4) of the Bihar Narcotic Substances Act, 2023 in view of the alleged lack of direct evidence and his prior criminal record.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 309(4)
  • theft on gunpoint
  • prior criminal record
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20647 of 2026
                  Arising Out of PS. Case No.-113 Year-2024 Thana- SARAI RANJAN District- Samastipur
                 ======================================================
                 Pappu Kumar @ Pappu Paswan Son of Late Ram Chandra Paswan @ Prem
                 Paswan Resident of Village- Barkurba, P.S.- Turki, District- Muzaffarpur,
                 Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prabhat Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Sarai Ranjan P.S. Case No. 113 of 2024 registered for the offence

                   punishable under Section 309(4) of the B.N.S., 2023.

                                3. The case of the prosecution, in short, is that two

                   unknown miscreants have snatched the bolero pickup of the

                   informant on gunpoint.

                                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. He also

                   submits that the FIR was lodged against unknown miscreants.

                   During the course of the investigation, one Arvind Sahni was

                   apprehended and he has given his confessional statement in which
           Patna High Court CR. MISC. No.20647 of 2026(2) dt.17-04-2026
                                                       2/2




                     the name of this petitioner has surfaced. He also submits that

                     nothing has been recovered from the possession of the petitioner.

                     Save and except the confessional statement, there is nothing

                     against the petitioner. He further submits that similarly situated co-

                     accused namely, Nagendra Mahto has been granted bail by this

                     court vide Cr. Misc. No. 12547 of 2026. The case of this petitioner

                     stands on similar footing. He further submits that the petitioner is

                     languishing in judicial custody since 09.06.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of three 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 Judicial

                     Magistrate, 1st Class, Samastipur in connection with Sarairanjan

                     P.S. Case No. 113 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.