Patna High Court
Pappu Kumar @ Pappu Singh @ Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail, holding that the petitioner’s clean record and the possibility of an exaggerated FIR warranted bail with strict conditions.
Summary
The petitioner, Pappu Kumar, sought anticipatory bail in connection with FIR No. 204/25 alleging offences under sections 115(2), 126(2), 352, 76 and 3(5) of the B.N.S. The prosecution alleged that the petitioner, his brother‑in‑law, assaulted and outraged the modesty of the informant, while the petitioner claimed the FIR was exaggerated due to a land dispute and that no medical injury report existed. The petitioner had no prior criminal record. The State opposed the bail, insisting the allegations were bona fide. The Court, after considering the submissions, granted anticipatory bail with a cash surety of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. The conditions included appearance before the trial court, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 Cr.P.C. in a case involving alleged assault and outraging modesty?
- Does the petitioner’s lack of prior criminal antecedent justify the grant of anticipatory bail despite the seriousness of the alleged offences?
Legislation cited
- B.N.S. — s. 115(2), 126(2), 3(5), 352, 76
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- assault
- outraging modesty
- land dispute
- no prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30462 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- BYPASS District- Patna
======================================================
Pappu Kumar @ Pappu Singh @ Pappu Yadav S/o Late Kamaldhari Singh @
Kamal Dhari Singh R/o Vill- Marcha, P.S- Bypass, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Rai, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
22 13-05-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Bypass P.S. Case No.- 204/25 for the offence registered
under sections 115(2), 126(2), 352, 76, 3(5), of B.N.S.
3. As per the prosecution story, the informant alleged
that when she was at home, the petitioner who is brother-in-law
(bhaisur) and other family members abused/ assaulted and also
outraged her modesty. This led to the FIR.
4. Learned Counsel for the petitioner submits that due
to land dispute between the brothers, exaggerated FIR has been
lodged, even the mother of the petitioner who is mother-in-law
of the informant was assaulted which reflects from Annexure-2.
The last submission is that there is no injury report of the
Patna High Court CR. MISC. No.30462 of 2026(22) dt.13-05-2026
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informant.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that
allegation of abuse/ assault is/are there.
6. Taking into account the submissions of the parties,
as recorded above, coupled with the fact that this petitioner has
no criminal antecedent, in that background, this Court is
inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned J.M.F.C, Patna in
connection with Bypass P.S. Case No.- 204/25 subject to
condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
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bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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