Patna High Court
Pappu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Pappu Rai, sought anticipatory bail fearing arrest in a case (Barh PS No.486 of 2023) involving offences under IPC sections 147, 149, 341, 323, 325, 307, 504 and Section 27 of the Arms Act. The prosecution alleged that the accused, including the petitioner, assaulted an informant and his brother with weapons. The petitioner contended that he was falsely implicated, that the FIR contained only generic allegations, the injuries were minor, and he had a clean antecedent. The State opposed the bail, arguing the seriousness of the charges. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the BNSS, imposing conditions such as a bail bond, sureties, personal presence at trial, and verification of antecedents. The order clarified that its observations would not affect the trial and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC given the nature of the alleged offences.
- Whether the petitioner poses a risk of absconding, tampering with evidence, or influencing witnesses.
- Whether the allegations against the petitioner warrant denial of bail despite the claim of false implication.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Securities Act — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 149, 307, 323, 325, 341, 504
Subjects
- anticipatory bail
- IPC offences
- Arms Act
- Section 438 CrPC
- Section 482 BNSS
- false implication
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55511 of 2025
Arising Out of PS. Case No.-486 Year-2023 Thana- BARH District- Patna
======================================================
Pappu Rai S/o Chaneshwar Rai R/o Village - Pchhiyari Malahi, P.S - Barh,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Anjana, Adv.
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Barh P.S. Case No. 486 of 2023 dated 29.07.2023
registered for the offences punishable under Sections 147, 149,
341, 323, 325, 307 and 504 of the Indian Penal Code and
Section 27 of the Arms Act.
3. As per the prosecution case, the informant has
alleged that all the F.I.R. named accused persons including the
petitioner variously armed with gun, rifle and axe etc., started
abusing and on protest, the accused persons started assaulting
the informant and when his brother tried to save him, he was
also assaulted by the accused persons.
4. The learned counsel for the petitioner submits that
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petitioner has falsely been implicated in this case. It has further
been submitted that from bare perusal of the F.I.R., it would be
evident that there is a general and omnibus allegation against all
the accused persons and during the course of investigation, a
few witnesses draw have stated about the petitioner having
repeatedly assaulted with the help of axe but from perusal of the
injury report which forms part of the case diary, it would be
evident that there are only single injury sustained by both the
informant, Shambhu Rai as well as his brother, Sona Rai and
both the injuries are found to be simple in nature. Learned
counsel has further submitted that the petitioner has no concern
with the alleged incident. It has lastly been submitted that the
petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
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the learned Court below where the case is pending/successor
court in connection with Barh P.S. Case No. 486 of 2023,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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