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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Anticipatory bail was not granted to the petitioners.

Summary

Petitioners Pappu Kumar and Vishundev Thakur were named in FIR No. 277/2025 for alleged assaults with lathi, iron rod and sharp weapon, and threats of kidnapping, invoking multiple offences under the BNS, 2023. They sought anticipatory bail, claiming clean antecedents and false implication arising from a petty dispute. The prosecution opposed, highlighting specific allegations of assault and injury to the informant and his family, and noting that a co‑accused had already been granted regular bail. The Court examined the seriousness of the accusations, the presence of direct allegations against the petitioners, and the risk of their arrest. Concluding that the allegations were serious and the petitioners were likely to be arrested, the Court refused the grant of anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the allegations in the FIR
  • Whether the petitioners' claim of false implication and clean antecedents outweighs the seriousness of the offences alleged

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • false implication
  • assault
  • criminal procedure
  • BNS 2023
  • FIR
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32094 of 2026
                   Arising Out of PS. Case No.-277 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
           1.     Pappu Kumar Son of Vishundev Thakur @ visun Dev Thakur Resident Of
                  Village -Tajpur Saraiya Ps- Rajepur District- East Champaran
           2.    Vishundev Thakur @ Visun Dev Thakur Son of Late Garbhu Thakur
                 Resident Of Village -Tajpur Saraiya Ps- Rajepur District- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Karandeep Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   01-07-2026                      Heard Mr. Karandeep Kumar, learned counsel for

                   the petitioners and Mr. Umesh Lal Verma, learned APP for the

                   State.

                               2. The petitioners are apprehending their arrest in

                   connection with Rajepur P.S. Case No. 277 of 2025, F.I.R. dated

                   04.10.2025 for the offences punishable under Sections 190,

                   191(2), 191(3), 126(2), 115(2), 109, 351(2), 352 and 303(2) of

                   the BNS, 2023.

                               3.     According to prosecution case, all the accused

                   persons including these petitioners armed with lathi, stick and

                   farsa brutally assaulted the informant and his family members

                   and also threatened them to kidnap his daughter and outrage her
Patna High Court CR. MISC. No.32094 of 2026(2) dt.01-07-2026
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          modesty.

                      4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they have falsely been

          implicated in the present case. It appears from the FIR that due

          to some petty dispute the present occurrence has taken place and

          there is no intention to kill anyone and petitioners have falsely

          been implicated in the present case.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners and

          submits that from perusal of the FIR it appears that the

          petitioners are named in the FIR and it also appears from the

          FIR that there is direct and specific allegation against the

          petitioners where petitioner no. 1 has assaulted father of the

          informant by means of iron rod due to which he received injury

          and petitioner no. 2 has assaulted to the informant by means of

          sharp weapon and he has also received injury. He further

          submits that the co-accused, namely, Raju Kumar against whom

          there has been similar allegation has been granted regular bail

          by this Court vide order dated 20.01.2026 passed in Cr. Misc.

          No. 1946 of 2026 but these petitioners have come before this

          Court for grant of anticipatory bail.

                       6. Considering the allegation as alleged in the F.I.R, I
            Patna High Court CR. MISC. No.32094 of 2026(2) dt.01-07-2026
                                                        3/3




                      am not inclined to grant the privilege of anticipatory bail to the

                      petitioners in connection with Rajepur P.S. Case No. 277 of

                      2025 pending in the court of Judicial Magistrate 1st Class, East

                      Champaran, Motihari.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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