Patna High Court
Pappu Mishra @ Dhananjay MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to bond and conditions.
Summary
Pappu Mishra was arrested on 18 January 2023 in connection with a case registered under Section 188 of the IPC and Sections 8, 18, 20, 22(C) and 23 of the NDPS Act. Despite three earlier refusals, he sought bail, arguing that charges had not yet been framed and that he had been in custody for over three years while co‑accused had already been released on bail. The State opposed bail, noting that the petitioner had four other pending cases, though he was on bail in those matters. The trial court’s report confirmed that charges were still unframed and that there was no prospect of a speedy trial. Considering the prolonged detention, the lack of charge framing, and the bail granted to co‑accused, the High Court ordered his release on bail subject to a Rs.10,000 bond, two sureties, and conditions regarding attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when charges have not been framed and the accused has been in custody for an extended period.
- Whether the grant of bail to co‑accused influences the bail decision for the petitioner.
- Whether the petitioner’s other pending cases affect the bail application.
Legislation cited
- Indian Penal Code — s. 188
- Narcotic Drugs and Psychotropic Substances Act — s. 18, 20, 22(C), 23, 8
Subjects
- bail
- pre‑trial detention
- charge framing
- NDPS Act
- IPC
- high court
- co‑accused bail
- delay in trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44824 of 2025
Arising Out of PS. Case No.-26 Year-2023 Thana- TATARPUR District- Bhagalpur
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Pappu Mishra @ Dhananjay Mishra S/O Shardachandra Mishra R/o Mohalla-
Jagarnath Suri Lane, Mandroja Chowk, Police Station- Tatarpur, District-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Davendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 16-03-2026 Heard Mr.Davendra Kumar Pandey,learned counsel
for the petitioner and Mr.Anuj Kumar Shrivastava, learned
A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
18.01.2023 in connection with Tatarpur P.S. Case No. 26 of
2023, F.I.R. dated 19.01.2023 registered for the offence
punishable under Sections 188 of IPC and Sections
8,18,20,22(C),23 of NDPS Act.
3. Earlier the prayer for bail was rejected thrice vide
orders dated 21.07.2023,08.12.2023 and 08.08.2024 passed in
Cr. Misc. Nos. 40139 of 2023, 79124 of 2023 and 48055 of
2024 respectively.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.44824 of 2025(7) dt.16-03-2026
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submits that the petitioner is in custody since 18.01.2023 and
charge has has not been framed as yet.
5. Vide order dated 10.09.2025, a report was called
for with regard to the stage of the trial. The report of the
learned Trial Court dated 24.09.2025 reveals that the charge
has not been framed as yet.
6. Learned counsel for the petitioner submits that in
view of the learned Trial Court that there is no chance of early
conclusion of the trial in near future and he petitioner is in
custody since 18.01.2023 more than three years and the co-
accused persons, namely, Pappu Sonar @ Amit Kumar @
Amit Sah @ Pappu Sah, Gourav Kesan, Mukesh Kumar, Raj
Kumar Singh and Kumar Gaurav have been granted bail by
different Coordinate Benches of this Hon’ble Court vide
orders dated 05.07.2023, 12.07.2023, 31.07.2023, 25.07.2023
and 26.07.2023 passed in Cr. Misc. Nos. 30815/2023,
34509/2023, 24622/2023, 20618/2023 and 25489/2023
respectively.
7. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
four more cases other than the present one but he fairly
submits that the petitioner is on bail in all the cases, as
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mentioned in para-3 of the bail petition.
8. Considering the aforesaid fact, report of the
learned Trial Court and the period of custody, let the
petitioner, above named, 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 Additional
District Judge-I, Bhagalpur in connection with Tatarpur P.S.
Case No. 26 of 2023, with the 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 criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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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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