Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specific conditions, as the accusation rests solely on a co-accused’s confession and no material evidence was recovered.
Summary
The petitioner, Pappu Kumar, was implicated in a loot case (FIR No. 169 of 2025) under Section 310(2) of the BNS based solely on the confessional statement of a co-accused, Randhir Kumar, with no material recovered from his possession. He pleaded that he has a clean antecedent and that the allegations are fabricated. The State opposed his bail, but the court noted the lack of any direct evidence against him. Considering his clean record and the absence of seized items, the court ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and several conditions. The bail was granted under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the BNSS, 2023, with provisions for cancellation if he fails to cooperate, tampers with evidence, or conceals his antecedent.
Issues considered
- Whether bail should be granted to the petitioner when the only basis of accusation is a co-accused's confessional statement and no material evidence is found.
- Whether the petitioner’s clean antecedent and lack of recovered property justify bail under Section 438(2) CrPC and Section 482(2) BNSS.
Legislation cited
- Bihar Negotiable Securities Act — s. 310(2)
- Bihar Negotiable Securities (Amendment) Act, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- confessional statement
- false implication
- Section 310
- Section 438
- Section 482
- criminal antecedent
- co-accused
- investigation
- no material evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38782 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- VIDYAPATINAGAR District-
Samastipur
======================================================
Pappu Kumar S/O Ram Ekwal Ray R/O Village- Dumari Dakshini, PS-
Mohanpur, Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-07-2026 Heard Mr.Raja Ram Mishra, learned counsel for the
petitioner and Mr.Uday Pratap Singh, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Vidyapati Nagar P.S.Case No.169 of 2025,FIR
dated 10.11.2025 registered for the offences punishable under
Section 310(2) of BNS.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent. He has falsely been implicated
in the present case. The allegation as alleged in the FIR is false
and fabricated and the petitioner has not committed any offence
Patna High Court CR. MISC. No.38782 of 2026(2) dt.02-07-2026
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as alleged in the FIR. The name of the petitioner has been
transpired during investigation on the basis of the confessional
statement of co-accused person, namely, Randhir Kumar and
nothing has been recovered from conscious possession or the
house of the petitioner and except the confessional statement of
the petitioner, nothing has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
antecedent, nothing has been recovered from conscious
possession or the house of the petitioner and the name of the
petitioner has been transpired during investigation on the basis
of the confessional statement of co-accused person, let the
petitioner, above named, in the event of his arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs.10,000 (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned A.C.J.M.-II,
Dalsinghsarai, Samastipur in connection with Vidyapati Nagar
P.S.Case No.169 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.38782 of 2026(2) dt.02-07-2026
3/3
under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the BNSS,2023 and with other following conditions:-
(I) 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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/her
criminal antecedent, 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)
Nitesh/-
U T
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