Patna High Court
Pappu Yadav @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Pappu Yadav, was implicated in a case (Ariyari P.S. Case No. 27 of 2026) for an alleged offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, based on the recovery of parts of a stolen bike and the informant’s identification of the petitioner. The petitioner contended that he was innocent, that no prior complaint had been lodged regarding the theft, and that there was no material evidence against him, while also noting his clean criminal record. The State opposed the grant of bail. The Court considered the petition for anticipatory bail and, applying the provisions of the Bharatiya Nyaya Sanhita, ordered that the petitioner be released on anticipatory bail subject to a bond of Rs.30,000 and specific conditions, including family surety and regular appearance before the trial court. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023.
- Whether the material on record justifies denial of bail in a case under Section 303(2).
- Whether the conditions imposed under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023 are appropriate.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 303(2), 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 303(2)
- Section 2(1)(d)
- Section 482(2)
- criminal procedure
- bail conditions
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29265 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- ARIYARI District- Sheikhpura
======================================================
Pappu Yadav @ Pappu Kumar S/O Bharat Yadav Resident of village-
Mayamarpur, P.S.- Ariyari, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Ariyari P.S. Case No. 27 of 2026 lodged on 22.02.2026, for
the offence punishable under Section 303(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
the sole petitioner. It has been alleged by the informant that his
bike was subject to theft one year ago on 17.03.2025 and after
repeated search, his bike was not found. Thereafter, on
07.02.2026, when the informant went to his sasural, then one
person was going with certain parts of the bike. Upon query and
observing the said bike, it transpires to the informant that the
Patna High Court CR. MISC. No.29265 of 2026(2) dt.06-05-2026
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said parts of the bike is actually the parts of his bike. The person
who was alleged to be in possession of the parts of the bike has
disclosed the name of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the informant has not lodged any complaint
regarding theft of his bike one year ago and he has not made
accused to the person from whose possession, the part of the
bike has been recovered. Counsel submits that upon the
disclosure of the said person, the petitioner has been made
accused in this case unnecessarily. He submits that there is no
material against the petitioner and his criminal antecedent is
also clean. He submits that the petitioner is ready to fulfill all
the conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of A.C.J.M.- II,
Patna High Court CR. MISC. No.29265 of 2026(2) dt.06-05-2026
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Sheikhpura, in connection with Ariyari P.S. Case No. 27 of
2026, subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023 with further conditions:-
(i) one of the bailors should be the family member of
the petitioner who shall provide official document to show
his/her bona fide;
(ii) the petitioner shall appear before the Trial Court
on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of his bail bonds by the Trial Court
itself;
(Dr. Anshuman, J)
Divyansh/-
U T
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