Patna High Court
Pappu Yadav @ Pappu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioners.
Summary
Petitioners Pappu Yadav and Shivnath Yadav sought anticipatory bail fearing arrest in a case alleging assault, robbery and other offences under the B.N.S. They contended that the victim suffered no injury, the informant was unreliable and had a criminal background, and that they themselves had a clean antecedent. The State opposed the bail on the ground of the seriousness of the alleged offences. The Court examined the credibility of the informant and the lack of demonstrable injury, and noted the petitioners' clean record. Relying on Section 438(2) of the Code of Criminal Procedure and Section 482 of the B.N.S., the Court held that bail was appropriate. Consequently, the application for anticipatory bail was allowed, directing the petitioners to be released on a bond of Rs.10,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
Legislation cited
- B.N.S. — s. 115(2), 126(2), 307, 3(5), 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- B.N.S.
- assault
- false case
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44548 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
1. Pappu Yadav @ Pappu Kumar Yadav Son of Late Ram Prasad Yadav R/O
Vill- Ekhara, P.S.- Phulparas, District- Madhubani
2. SHIVNATH YADAV SON OF BUDHESHWAR YADAV RESIDENT OF
VILLAGE-EKHARA, P.S.- PHULPARAS,DISTT.- MADHUBANI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pintu Kumar Patel, Advocate
For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Phulparas P.S. Case No. 46 of 2025 registered
for the offence under Sections 126(2), 352, 115(2), 307, 3(5) of
the B.N.S.
3. As per the prosecution case, petitioners are
alleged to have assaulted the victim and also looted various
articles from the victim and her son.
4. It has been submitted by the learned counsel for
the petitioners that though the allegation against the petitioners
is of assaulting the victim, there is no injury on the victim.
Patna High Court CR. MISC. No.44548 of 2025(4) dt.19-02-2026
2/2
Learned counsel next submits that earlier informant went to jail
because the informant was involved in theft and thereafter, the
present false case has been filed against the petitioners.
Petitioners have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned Court
of A.C.J.M.-II, Jhanjharpur/ concerned Court below in
connection with Phulparas P.S. Case No. 46 of 2025, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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