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Patna High Court

Pappu Kahar @ Pappu RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Pappu Kahar, was charged under multiple provisions of the Bharatiya Nyaya Sanhita for assaulting the informant and his wife. He contended that the incident arose from a petty dispute in which both parties inflicted injuries, and that the FIR was lodged after an inordinate delay of 41 days, casting doubt on the prosecution's case. The petitioner also highlighted his clean antecedent. The State opposed the bail application, arguing the seriousness of the offences. Considering the delay in filing the FIR, the nature of the accusations, and the petitioner's clean record, the court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted in view of the delay in lodging the FIR
  • Whether the petitioner’s clean antecedent warrants bail despite the serious nature of the offences
  • Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied

Legislation cited

Subjects

  • anticipatory bail
  • delay in FIR
  • assault
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5140 of 2026
                          Arising Out of PS. Case No.-358 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 Pappu Kahar @ Pappu Ram S/o Shri Dashrath Ram @ Dashrath Kahar R/o
                 Village- Firozpur, PS- Atri, District- Gaya

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harsh Vardhan, Advocate
                 For the Opposite Party/s :       Mr. Anand Kishore Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 190, 191(2), 191(3),

                   126, 115(2), 118, 117, 109, 74, 352, 351(2), 303(2) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., this petitioner misbehaved with the

                   wife of informant and assaulted on the head of informant with

                   khanti.

                                4. Learned counsel for the petitioner submits that due

                   to petty dispute, altercation took place between the parties in

                   which both parties inflicted injury on each other. Case and

                   counter case. F.I.R. has been lodged after inordinate delay of 41

                   days, without any plausible explanation, which itself raises

                   doubt over veracity of the prosecution case. Petitioner claims
              Patna High Court CR. MISC. No.5140 of 2026(2) dt.03-02-2026
                                                          2/2




                        clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation, delay in lodging the F.I.R. and clean antecedent, this

                        anticipatory bail is allowed and it is ordered that let the above

                        named petitioner in the event of his arrest/surrender before the

                        court below within a period of eight weeks from today, be

                        enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of Additional Chief Judicial Magistrate-IV, Gaya in

                        connection with Atri P. S. Case No. 358 of 2025, subject to

                        condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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