Patna High Court
Pappu Rai @ Pappu Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.
Summary
The petitioner, Pappu Rai, applied for anticipatory bail in connection with FIR No. 569 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that three co‑accused fired weapons during a dispute, causing injuries and the death of one person, but did not specifically allege that the petitioner fired. The petitioner contended that he was falsely implicated and that no specific charge of firing was made against him. The State opposed the bail. After reviewing the FIR and noting that the firing allegation was directed only at the three co‑accused, the Court granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties of the same amount, to be filed within four weeks.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner when the FIR does not specifically allege his participation in the firing?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
Subjects
- anticipatory bail
- bail
- criminal procedure
- firearms
- arms act
- Bharatiya Nyaya Sanhita
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3699 of 2026
Arising Out of PS. Case No.-569 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Pappu Rai @ Pappu Kumar Ray S/O Late Manish Rai Resident of Village-
Brahmpur, Nayka Tola, Police Station- Bhagwan Bazar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioner in this application prays for bail
apprehending his arrest in connection with Bhagwan Bazar P.S.
Case no.569 of 2025 registered for the offence punishable under
sections 109, 191(2), 191(3), 190, 126(2), 115(2), 352, 351(2)
and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and section 27
of the Arms Act.
3. As per the prosecution case, the informant states
that over a trivial dispute relating to the game of cricket between
the children, the eight named accused persons including the
petitioner herein came variously armed. As a result of firing
resorted to by Ekbal Rai, Narayan Rai and Raju Rai, several
persons sustained firearm injuries and subsequently in course of
treatment, five days later, Raju Rai of the informant’s side died.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.3699 of 2026(2) dt.28-01-2026
2/2
the petitioner has been falsely implicated in the case. So far as
the petitioner is concerned, there is no allegation of firing
against him. The same is specific on the above named three co-
accused. The allegation against the petitioner at best is general
and omnibus in nature. He undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
having perused the contents of the FIR, taking into
consideration the allegation of firing being specific on Ekbal
Rai, Narayan Rai and Raju Rai and not the petitioner herein, it is
directed that the petitioner, above named, in the event of his
arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Bhagwan Bazar P.S. Case no.569 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate II, Chapra, Saran.
(Partha Sarthy, J)
Saurabh/-
U T
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