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Patna High Court

Pappu Saper @ Pappu SaperaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.4583 of 2026(2) dt.28-01-2026
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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
           Patna High Court CR. MISC. No.4583 of 2026(2) dt.28-01-2026
                                                       3/3




                     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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