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Patna High Court

Pappu Yadav @ Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioner's regular bail.

Summary

The petitioner, Pappu Yadav, was arrested in connection with an assault on an informant's head using an iron rod, and charged under several sections of the Bharatiya Nyaya Sanhita, 2023. The FIR was lodged eight days after the alleged incident, which the petitioner’s counsel argued was an inordinate delay that cast doubt on the prosecution's case. The State opposed bail, contending that the nature of the offences and the material collected during investigation warranted continued custody. The court examined the delay, the seriousness of the charges, and the petitioner’s clean antecedents and custody since October 2025. Finding that the delay did not, on the whole, defeat the prosecution and that the petitioner was entitled to liberty pending trial, the court granted regular bail. Bail was conditioned on a bond of Rs.10,000 with two sureties of equal amount, to be approved by the Additional Chief Judicial Magistrate, Sherghati, Gaya.

Issues considered

  • Whether the eight‑day delay in filing the FIR defeats the prosecution’s case
  • Whether the nature of the offences and investigation material justify denial of bail
  • Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • assault
  • FIR delay
  • criminal procedure
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4239 of 2026
                         Arising Out of PS. Case No.-130 Year-2025 Thana- DOBHI District- Gaya
                 ======================================================
                 Pappu Yadav @ Pappu Kumar Son of Late Sarju Yadav Resident of Village -
                 Dobhi, P.S.- Dobhi, District - Gaya.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kunal Tiwary
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                    Heard learned counsel for the parties.

                                2. Petitioner seeks regular bail in a case registered for

                   the offence punishable under sections 126(2), 115, 118(1), 74,

                   303(2), 352, 351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per prosecution case, this petitioner assaulted on

                   the head of the informant with iron rod.

                                4. Learned counsel appearing for the petitioner

                   submits that F.I.R. has been lodged after inordinate delay of

                   eight days without any explanation which renders the entire

                   prosecution case doubtful. Due to land dispute, informant has

                   named entire family members of the petitioner in this case with

                   false and concocted allegation. Charge sheet has already been

                   filed. Petitioner claims clean antecedent and he is in custody

                   since 12.10.2025.
             Patna High Court CR. MISC. No.4239 of 2026(2) dt.16-02-2026
                                                         2/2




                                    5. Learned counsel for the State opposes the prayer

                       for bail.

                                    6. Considering the nature of accusation, materials

                       collected during investigation and period of custody of the

                       petitioner, his prayer for regular bail is allowed. Let the

                       petitioner, mentioned above, be enlarged on bail on furnishing

                       bail bond of Rs.10,000/- (ten thousand) with two sureties of the

                       like amount each to the satisfaction of Additional Chief Judicial

                       Magistrate I, Sherghati, Gaya in Dobhi Police Station Case No.

                       130 of 2025.



                                             (Prabhat Kumar Singh, J)
Shashi

U        T


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