Patna High Court
Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court ordered that the petitioner be released on bail subject to a bond and specified conditions.
Summary
Pappu Yadav was arrested on 18 October 2024 in connection with a 2020 FIR alleging that he fired at an informant with intent to kill, invoking IPC sections 147, 148, 149, 341, 323, 307, 504, 506 and Arms Act section 27. The petitioner contended that the FIR was fabricated, no injury occurred, and he was falsely implicated, seeking bail. The State opposed bail, noting that the petitioner faces five other criminal cases, though he is already on bail in three of them. The Court examined the seriousness of the charges, the petitioner’s criminal antecedents, and the risk of tampering or non‑appearance. It granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, and prohibition against evidence tampering, while allowing verification of antecedents without delaying release.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences charged under the IPC and Arms Act.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the existence of multiple pending criminal cases affects the bail decision.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 504, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- false FIR
- criminal procedure
- pre‑trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3267 of 2026
Arising Out of PS. Case No.-24 Year-2020 Thana- NADI P.S. District- Bhagalpur
======================================================
Pappu Yadav S/o Madan Mohan Yadav Resident of Village- Dhodiya, P.S.-
Nadi, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate
For the State : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-01-2026 Heard Mr. Davendra Kumar Pandey, learned counsel
for the petitioner and Mr. Satyendra Prasad, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
18.10.2024, in connection with Sessions Trial No. 358 of 2025
arising out of Nadi P.S. Case No. 24 of 2020, F.I.R. dated
13.05.2020 registered for the offences punishable under Sections
147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code
and Section 27 of the Arms Act.
3. Allegation against the petitioner is that he along with
other co-accused persons have fired upon the informant with an
intention to kill but anyhow he succeeded to flee away.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.3267 of 2026(2) dt.20-01-2026
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present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. From perusal of the
F.I.R. it appears that first time the petitioner has fired upon the
informant on 09.05.2020 but the informant has not lodged any
complaint before the police and as per another allegation in the
F.I.R. the petitioner again fired upon the informant on 12.05.2020
then the informant has filed the present case on 13.05.2020. It
appears from the F.I.R. that no one has received injury and the
present case has been filed only to falely implicate the petitioner
and the police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 18.10.2024.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries five more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that out of five cases, the petitioner is on bail in
three cases.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
A.D.J. Ist, Naugachia, Bhagalpur in connection with Sessions Trial
Patna High Court CR. MISC. No.3267 of 2026(2) dt.20-01-2026
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No. 358 of 2025 arising out of Nadi P.S. Case No. 24 of 2020,
subject to the following conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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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