Patna High Court
Pappu @ Pappu Sah @ Pappu Shah @ Pappu SahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it subject to the stipulated conditions.
Summary
The petitioner, Pappu, sought anticipatory bail after being implicated in a lottery ticket dealing case (Kishanganj P.S. Case No. 59 of 2026) based on a co‑accused's statement. The prosecution alleged offences under Sections 318(4), 316(2), 338, 111(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the accusation was false, stemming from personal disputes, and that he had a clean criminal record. The State opposed the bail. Considering the circumstances, the court granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, imposing specific conditions such as surety bonds, personal presence at trial, and verification of antecedents. The order clarified that its observations would not affect the trial and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations.
- Whether the co‑accused's statement constitutes sufficient ground to deny bail.
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2), 316(2), 318(4), 338, 61(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- lottery ticket offence
- false implication
- criminal antecedent
- Section 438 CrPC
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 38902 of 2026
Arising Out of P.S. Case No.-59, Year-2026, Thana- KISHANGANJ, District-
Kishanganj
======================================================
Pappu @ Pappu Sah @ Pappu Shah @ Pappu Saha, S/o-Dukhan Lal Shah, Resident of
Ward No. 12, Gaytri Mandir, P.S.- Kishanganj, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Kishanganj P.S. Case No. 59 of 2026 registered
for the offence(s) under Section(s) 318(4), 316(2), 338, 111(2)
and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the police on secret
information conducted a raid and apprehended around five
persons who was found to be involved in dealing with lottery
tickets and cash was recovered from search. It is alleged that
during the course of interrogation, the apprehended co-accused
namely Md. Nasim disclosed that several other persons were
involved in purchasing tickets and selling it in the market and
the petitioner was one of those persons.
4. The learned counsel for the petitioner submits that
the petitioner has falsely been implicated on the disclosure made
Patna High Court CR. MISC. No.38902 of 2026(2) dt.17-06-2026
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by the co-accused. It has further been submitted that the
petitioner has no concern with the said incident and he is not
involved in any such selling of the lottery tickets and on account
of the personal disputes with the co-accused, his name has
transpired. It has lastly been submitted that the petitioner has
clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his/her furnishing bail bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the concerned Court/successor Court
where the case is pending in connection with Kishanganj P.S.
Case No. 59 of 2026, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973
read with corresponding Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to
Patna High Court CR. MISC. No.38902 of 2026(2) dt.17-06-2026
3/3
the following conditions :
(i) One of the bailors of the petitioner shall be
his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his/her bail
bonds.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he/she has concealed his/her criminal
antecedents, the Court concerned shall take necessary
steps for cancellation of his/her bail bond. 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.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
sweta/-
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