Created by Fuzzy Cloud

Patna High Court

Pappu Mishra @ Dhananjay MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                            2/4




          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
Patna High Court CR. MISC. No.44824 of 2025(7) dt.16-03-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.44824 of 2025(7) dt.16-03-2026
                                                           4/4




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.