Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Pappu Kumar was arrested on 16‑12‑2024 in connection with a robbery‑murder case (Section 304 BNS) after a co‑accused’s confessional statement implicated him, although his name was absent from the FIR and no material was recovered from him. The petitioner argued that there was no substantive evidence, no TIP had been filed, and he had a clean antecedent, while the prosecution highlighted three prior cases against him, albeit pending on bail. The court noted the non‑compliance of mandatory provisions of Sections 103 and 105 of the BNSS, 2023, and the lack of material linking the petitioner to the offence. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The bail order was made without delay for verification of antecedents.
Issues considered
- Whether bail should be granted in a murder case where the petitioner is implicated solely through a co‑accused’s confession and lacks material evidence.
- Whether the non‑compliance of Sections 103 and 105 of the BNSS, 2023, warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the bail decision.
Legislation cited
- BNS — s. 304
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- Section 304
- confessional statement
- non‑compliance of statutory provisions
- criminal antecedent
- murder case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22389 of 2026
Arising Out of PS. Case No.-409 Year-2024 Thana- BIHARIGANJ District- Madhepura
======================================================
Pappu Kumar Son of Phoochan Das Resident of Village- thutha Parariya,
Ward No. 7, P.S.- Bihariganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupesh Kumar
: Mr. Ravikant
For the Opposite Party/s : Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.12.2024 in connection with Bihariganj P.S. Case No. 409 of
2024 for the offence punishable under Section 304 of BNS.
3. The prosecution case, in brief, is that on
12.12.2024, informant and his companion Pankaj Kumar Yadav
went to village Mohanpur Chowmukh, Sarauni Ward No. 11,
Sharma Tola, under Bihariganj Police Station for group
collection. The total amount collected from all the places was
Rs. 64,290/-, which was sixty four thousand two hundred ninety.
Pankaj Kumar Yadav, sitting behind, was returning to his branch
with the money in his hand, a little ahead of village Sarauni
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Ward No. 11, Sharma Tola, 50 steps behind when he reached at
around 4 pm, three unknown persons riding a motorcycle from
behind overtook his motorcycle and snatched the bag from his
companion's hand and fled away. Taking the total collection
amount of Rs. 64,290/- (sixty four thousand two hundred
ninety) and the said mobile phone in the bag, the three persons
fled towards Sarauni.
4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR and the name of the petitioner
has transpired during investigation on the basis of confessional
statement of co-accused. It is next submitted that petitioner has
also confessed his guilt in the present occurrence and except the
aforesaid, no cogent material has come during investigation to
suggest the involvement of the petitioner in the present
occurrence and nothing has been recovered from the possession
of the petitioner. It is next submitted that till date no TIP has
been conducted of the prosecution and police after investigation
has submitted charge-sheet and the petitioner is in custody since
16.12.2024.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that petitioner has antecedent of three
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cases other than the present case but fairly submits that
petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances
and that petitioner is a person with clean antecedent and that
there is non-compliance of mandatory provisions of Sections
103 and 105 of BNSS, 2023, 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 the learned ACJM, Udakishunganj, Madhepura in
connection with Bihariganj P.S. Case No. 409 of 2024, subject
to the following 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 absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled 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
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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)
Gaurav Sinha/-
U T
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