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Patna High Court

Pappu Sah @ Prem Chandra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Pappu Sah, was arrested in connection with a 2009 case involving alleged attempt to murder and use of explosives, and has been in custody since January 2026. The prosecution alleges that co‑accused Arun Sah and Sonu Sah threw a bomb at an informant, while the petitioner was merely present at the scene. The petitioner contends he has a clean antecedent, was falsely implicated, and that the lower court took cognizance mechanically without proper notice, despite a final form favoring him. The Additional Public Prosecutor opposed bail, but the High Court noted the lack of specific allegations against the petitioner and his clean record. Consequently, the Court granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the offences and the circumstances of his arrest
  • Whether the lower court's cognizance of the case against the petitioner was proper in the absence of specific allegations and notice

Legislation cited

Subjects

  • bail
  • attempt to murder
  • common intention
  • explosive substances
  • criminal antecedent
  • false implication
  • cognizance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25692 of 2026
                    Arising Out of PS. Case No.-32 Year-2009 Thana- PATAHI District- East Champaran
                 ======================================================
                 Pappu Sah @ Prem Chandra Prasad S/O Brahmdeo Sah R/O vill - Bakhari,
                 P.S - Patahi,Dist-East Champaran                     ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                  Heard Mr. Rajesh Ranjan, learned counsel for the

                   petitioner and Mr. Manoj Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   15.01.2026 in connection with Patahi P.S. Case No. 32 of 2009,

                   F.I.R. dated 12.05.2009 for the offences punishable under

                   Sections 307 and 34 of the IPC and Sections 3/4 of the

                   Explosive Substance Act.

                               3.    According to prosecution case, all the accused

                   persons including this petitioner were standing on road waiting

                   for the informant and in the meantime, co-accused Arun Sah and

                   Sonu Sah threw bomb upon him and fled away.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   FIR is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.25692 of 2026(2) dt.22-04-2026
                                            2/3




          any offence as alleged in the FIR. From perusal of the FIR it

          appears that the co-accused Arun Sah and Sonu Sah have

          thrown bomb upon the informant. He further submits that the

          name of the petitioner has been transpired because he was

          present at the place of occurrence. He further submits that the

          final form has been submitted in favour of the petitioner but the

          learned court below in a mechanical manner has taken

          cognizance against the petitioner vide order dated 16.12.2010

          but the petitioner has not received any notice from the learned

          court below and thereafter, the petitioner has surrendered on

          15.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, there is no specific

          allegation against the petitioner and police have submitted final

          form in favour of the petitioner but he learned court below in a

          mechanical manner has taken cognizance against the petitioner,

          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 J.M. 1st

          Class, Motihari, East Champaran in connection with Patahi P.S.
            Patna High Court CR. MISC. No.25692 of 2026(2) dt.22-04-2026
                                                        3/3




                      Case No. 32 of 2009, 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 cancelled 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

                      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)
Vanisha/-

U      T


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