Patna High Court
Pappu Saper @ Pappu SaperaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner on the condition of furnishing a bond and sureties.
Summary
The petitioner, Pappu Sapera, was arrested in connection with a case involving assault, threats, and a firearm injury to the informant’s father. The FIR alleges that co‑accused Indal Sapera fired a shot, while the petitioner is said only to have helped restrain the victim. The petitioner contended that he was falsely implicated, that the only direct allegation of shooting was against Indal Sapera, and that he had already been granted bail in another pending case. The State opposed bail, citing the seriousness of the offences listed under the Bharatiya Nyaya Sanhita and the Arms Act. After hearing both sides, the court held that bail should be granted on condition of a Rs 10,000 bond with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with offences under Sections 126(2), 127(2), 115(2), 109(1), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 127(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- firearm injury
- Bharatiya Nyaya Sanhita
- Arms Act
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4583 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- KARAI PARSURAI District- Nalanda
======================================================
Pappu Saper @ Pappu Sapera S/O Vijay Sapera R/O Village- Makrauta, P.S-
Chiksaura, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Karai
Parsurai P.S. Case No. 160 of 2025, dated 14-07-2025 instituted
for the offence punishable under Sections126(2),127(2), 115(2),
109(1), 351(2), 352, and 3(5) of the Bharatiya Nyaya Sanhita
and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on
08.06.2025 at about 4:00 P.M., while the informant was
engaged in the process of soil filling on his land at that time,
accused persons arrived and forcibly protested the work. They
allegedly used abusive language and gave threatening to kill the
informant and his father. It is further stated that on 13.07.2025 at
about 10 AM, while the informant’s father was returning home
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after grazing buffalo, petitioner and co accused Pappu Sapera
both have caught hold his father near Samudaik Bhawan and co-
accused Indal Sapera fired a gunshot at the informant’s father
causing a serious injury to his left leg, on account of which, he
fell down. After hearing the gunshot, the informant and villagers
rushed to the scene. While the petitioner managed to flee, the
villagers successfully apprehended Indal Sapera and handed him
over to the police.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that there is specific and
direct allegation only against the co-accused, Indal Sapera, who
is alleged to have fired a shot at the left leg of the informant’s
father, as a result of which, he sustained a firearm injury. It is
further submitted that as per the narration in the FIR as well as
the injury report, only one injury was found on the person of the
injured. The petitioner has been arrayed as an accused in the
instant case merely on account of a prior dispute between the
parties. The only allegation attributed against the petitioner is
that he along with co-accused Pappu Sapera, allegedly caught
hold of the informant’s father. Lastly, it is submitted that the
petitioner has been in judicial custody since 02.09.2025. He has
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only one other criminal case pending against him, in which he
has already been granted bail.
5. Learned A.P.P. has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional Chief Judicial
Magistrate-I, Hilsa, Nalanda, in connection with Karai Parsurai
P.S. Case No. 160 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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