Patna High Court
Pappu Sah @ Prem Chandra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 307, 34
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
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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
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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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