Patna High Court
Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
In the absence of any specific allegation against the petitioner and considering the period of custody, the Court held that regular bail must be granted.
Summary
The petitioner, Pappu Yadav, was arrested in connection with PS Bariyarpur Case No.84 of 2025, alleged to have been involved in offences under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution narrative states that Pandav and Kanhaiya apprehended the deceased and Govinda Mandal fired at the deceased, but no specific allegation was made against the petitioner. The petitioner, who had been in custody since 4 January 2026, filed an application for regular bail claiming innocence and false implication. The State and the informant opposed the bail. The Court examined the length of custody and the absence of any charge of firing against the petitioner and concluded that bail should be granted. Accordingly, the Court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to the petitioner in the absence of a specific allegation against him
- Whether the period of custody justifies the grant of bail
- Whether the nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act warrants denial of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- presumption of innocence
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22295 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- BARIYARPUR District- Munger
======================================================
Pappu Yadav S/O Karelal Yadav @ Arun Yadav R/O - Village Ekashi
Kachhari Tola,Gandhipur, Thana Bariyarpur, District Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks regular bail in connnection
with Bariyarpur P.S. Case No. 84 of 2025 registered for the
offence punishable under Sections 103(1) and 61(2) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, Pandav and Kanhaiya
caught the deceased and thereafter Govinda Mandal shot at the
deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. There is no specific allegation against the petitioner who is
in custody since 04.01.2026.
Patna High Court CR. MISC. No.22295 of 2026(3) dt.01-07-2026
2/2
5. Learned counsel for the informant as well as
learned APP for the State have jointly opposed the prayer for
regular bail of the petitioner.
6. Considering the period of custody and the fact that
there is no allegation of firing on the petitioner, this application
for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M.-II, Munger /concerned
Court below in connection with Bariyarpur P.S. Case No. 84 of
2025.
(Sandeep Kumar, J)
tusharika/-
U T
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