Patna High Court
Pappu Kahar @ Pappu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117, 118, 126, 190, 191(2), 191(3), 303(2), 351(2), 352, 74
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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