Patna High Court
Md Pappu @ Banua @ BaunaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted as the petitioner was not named in the FIR and the sole basis of the case was confessional statements of co‑accused without any material evidence.
Summary
The petitioner, Md Pappu, was arrested in connection with offences under Sections 353, 307/34 of the IPC and the Explosive Substances Act, although his name was not mentioned in the FIR. The prosecution’s case relied solely on confessional statements of co‑accused Ranjeet Kumar and Md. Ashraf Alam, with no material seized from the petitioner or his premises and no TIP conducted. The petitioner argued that he was falsely implicated and that other co‑accused had already been granted bail. The State opposed bail, citing three other pending cases against the petitioner. Considering the lack of direct evidence, the fact that the petitioner was not originally named in the FIR, and the absence of any material recovery, the Court granted bail subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail bond was set at Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail can be granted when the accusation is based solely on confessional statements of co‑accused and the petitioner is not named in the FIR
- Whether the absence of material recovery and lack of TIP justify bail
Legislation cited
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 307, 34, 353
Subjects
- bail
- confessional statements
- co‑accused
- Indian Penal Code
- Explosive Substances Act
- criminal procedure
- evidence
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23462 of 2026
Arising Out of PS. Case No.-12 Year-2024 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Md Pappu @ Banua @ Bauna Son of Abdul Jalil Resident of village-
Mastaliya Ward No. 13, PS- Kochadhaman, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate
For the State : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard Mr. Amal Kumar Sinha, learned counsel for
the petitioner and Mr. Nand Kishore Prasad, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
01.08.2025, in connection with Sessions Trial No. 277 of 2025
arising out of Kochadhaman P.S. Case No. 12 of 2024, F.I.R. dated
02.02.2024 registered for the offences punishable under Sections
353, 307/34 of the Indian Penal Code and ¾ of the Explosive
Substance Act.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.23462 of 2026(2) dt.10-04-2026
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present case. He further submits that initially the petitioner was
not named in the F.I.R. and the name of the petitioner has been
transpired during investigation on the basis of confessional
statement of co-accused persons namely Ranjeet Kumar and Md.
Ashraf Alam and nothing has been recovered from the conscious
possession of the petitioner or the house of the petitioner and till
date no TIP was conducted by the prosecution. Learned counsel
for the petitioner further submits co-accused person namely
Ranjeet Kumar who has confessed the name of the petitioner has
been granted bail by a Coordinate Bench of this Court vide order
dated 28.08.2024 passed in Cr. Misc. No. 46249 of 2024, another
co-accused person namely Md. Ekhlaque has been granted bail by
this Court vide order dated 22.01.2026 passed in Cr. Misc. No.
91508 of 2025. He further submits that the police after
investigation submitted chargesheet against the petitioner and the
petitioner is in custody since 01.08.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries three more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that out of three cases, the petitioner is on bail in
two cases and rest one case is pending for consideration before the
competent court of law.
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6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R and the
name of the petitioner has been transpired on the basis of
confessional statement of co-accused persons and till date no TIP
was conducted by the prosecution, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Sessions Judge, Kishanganj in connection
with Sessions Trial No. 277 of 2025 arising out of Kochadhaman
P.S. Case No. 12 of 2024, subject to the following conditions :-
(1) 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 cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
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terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U
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