Patna High Court
Sanjeev Kumar @ Pappu @ Pappu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner subject to a bond of Rs 10,000 and the stipulated conditions.
Summary
The Patna High Court heard a bail application filed by Sanjeev Kumar, who had been in custody since 9 February 2026 in connection with FIR dated 2 December 2025 alleging offences under several sections of the Bihar National Security Act, 2023, including attempted murder and assault. The prosecution alleged a common intention to kill an informant by colliding his vehicle and assaulting him. The petitioner argued that the incident was a road accident, the FIR was fabricated, and he bore no criminal liability, noting that a co‑accused, Chandan Kumar, had already been released on bail. The State opposed bail, citing grievous injury to the informant and the petitioner’s prior criminal antecedent. After considering the facts, the similarity to the co‑accused’s bail, and the petitioner’s custody, the Court granted bail on a Rs 10,000 bond with two sureties, imposing conditions of trial attendance, non‑tampering with evidence, and verification of antecedents, and directed the lower court to release him subject to these conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged
- Whether the petitioner’s claim of a fabricated FIR and road accident negates the prosecution’s case
- Whether the prior bail granted to a co‑accused warrants similar relief
Subjects
- bail
- criminal procedure
- fabricated FIR
- road accident
- co‑accused
- Indian Penal Code
- Bihar National Security Act
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29816 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Sanjeev Kumar @ Pappu @ Pappu Rai S/o Late Rajniti Rai @ Rajniti Rai
Resident of Village - Shadipur, P.S.- Ballia, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
For the State : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Amit Prakash, 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
09.02.2026 in connection with Ballia P.S. Case No. 533 of 2025,
F.I.R. dated 02.12.2025 for the offences punishable under
Sections 191(2), 281, 125, 126(2), 115(2), 117(2), 352, 351(2) and
109(1) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner with common intention to kill the
informant collided their Scorpio with the informant and also
assaulted him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.29816 of 2026(2) dt.05-05-2026
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present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. In fact, due to road accident the present
occurrence has taken place and the informant has received injury
due to said road accident and no such occurrence has taken place
as alleged in the FIR. In fact, some altercation took place between
the parties and due to this reason the informant has falsely
implicated the petitioner and other accused persons in the present
case. He further submits that co-accused person, namely, Chandan
Kumar @ Chandan has been granted bail by this Court vide order
dated 27.04.2026 passed in Cr. Misc. No. 27757 of 2026. The
petitioner is in custody since 09.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the informant has received injury which is grievous in
nature and apart from that the petitioner carries one criminal
antecedent other than the present one but fairly submits on the
basis of paragraph-3 of the bail petition that the petitioner is on
bail in the pending matter.
6. Considering the aforesaid facts and circumstances as
well as similarly situated co-accused person has been granted bail
by this Court, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
Patna High Court CR. MISC. No.29816 of 2026(2) dt.05-05-2026
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sureties of the like amount each to the satisfaction of the learned
CJM, Begusarai in connection with Ballia P.S. Case No. 533 of
2025, 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)
Ibrar//-
U T
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