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Patna High Court

Pappu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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