Patna High Court
Pappu Yadav @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115, 118(1), 126(2), 303(2), 351(2), 351(3)(5), 352, 74
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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