Patna High Court
Pappu Kumar @ Prabhu Shankar PalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties and comply with attendance conditions.
Summary
The petitioner, Pappu Kumar, sought bail in a case (Nauhatta P.S. Case No. 131 of 2025) alleging robbery under Section 309(4) of the B.N.S. The prosecution alleged that unknown miscreants looted Rs. 45,320 from an informant at gunpoint. The petitioner claimed innocence, stating his name did not appear in the FIR and was only mentioned in a co‑accused’s confessional statement; CCTV footage showed only other individuals. He also asserted that no material was recovered from him and that he was being framed due to his prior criminal record. The State opposed bail. After hearing both sides, the court considered the lack of direct evidence against the petitioner and his willingness to cooperate, and ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of attendance and cooperation.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the B.N.S. given the nature of the allegations and the evidentiary material.
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- bail
- criminal procedure
- confessional statement
- antecedent
- CCTV evidence
- Section 309(4) B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4989 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- NAUHATTA District- Saharsa
======================================================
Pappu Kumar @ Prabhu Shankar Pal, Son of Sandeep Kumar Pal, Resident of
Village – Bhagwani, Ward No.- 01, P.S.- Ghaildh, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Nauhatta P.S. Case No. 131 of 2025 registered for the offence
punishable under Section 309(4) of B.N.S.
3. The case of the prosecution, in short, is that unknown
miscreants have looted away altogether Rs. 45,320/- from the
informant on gun point and fled away.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. The name of
this petitioner is not there in the F.I.R. His name has surfaced
during investigation in the confessional statement of one co-
accused Bhushan Kumar. It has further been submitted that the
C.C.T.V. footage installed at the shop shows only the face of
Patna High Court CR. MISC. No.4989 of 2026(2) dt.04-02-2026
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Bhushan Kumar, Bhavesh Kumar and Akhilesh Kumar. It has also
been submitted that this petitioner has also given his confessional
statement. Nothing has been recovered form his possession. He
has been framed in this case due to his antecedent. He is having
criminal antecedent of 10 cases. Save and except the confessional
statement, there is nothing against him. He is languishing in
judicial custody since 14.08.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Saharsa in connection with Nauhatta P.S.
Case No. 131 of 2025 with the condition that petitioner shall
cooperate in trail and mark his attendance weekly at Supaul
P.S.
(Ashok Kumar Pandey, J)
lata/-
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