Patna High Court
Pappu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a cash bond, sureties, and conditions of appearance and conduct.
Summary
Pappu Yadav was arrested in connection with a robbery and assault case (Jay Nagar Rail PS Case No. 51 of 2024) and charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s case is based on an informant’s testimony that four unknown assailants attacked his son and him, and the petitioner’s alleged involvement is derived solely from a confessional statement of a co‑accused, Dinesh Lal Yadav, with no material recovered from the petitioner’s possession and the petitioner not named in the FIR. The petitioner’s counsel argued that the allegations are vague, lack evidentiary value, and that the petitioner has been in custody since May 2025 despite having nine prior criminal antecedents, while noting that a co‑accused had previously been granted bail. The State opposed bail. Considering the lack of direct evidence, the period of custody already served, and the petitioner’s claim of innocence, the Court inclined to grant bail, subject to a bond of Rs.15,000 with two sureties and conditions regarding court appearances and future offences. The order directs release on bail after framing of charge if not already done.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences charged under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the confessional statement of a co‑accused provides sufficient basis to deny bail.
- Whether the petitioner’s prior criminal antecedents and period of custody affect the bail decision.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 118(2), 126(2), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- evidence
- confessional statement
- co‑accused
- prior antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7620 of 2026
Arising Out of PS. Case No.-51 Year-2024 Thana- Rail Jaynagar District- Samastipur
======================================================
Pappu Yadav S/O Vishnudev Yadav @ Bishun Dev Yadav R/O Village -
Khairamath, Ward No.- 13, P.O and P.S- Jai Nagar, District- Madhubani State
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Jay
Nagar Rail P.S. Case No. 51 of 2024, instituted for the offences
punishable under Sections 126(2), 115(2), 118(1), 118(2), 109,
303(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section
27 of the Arms Act.
3. The prosecution case, in short, is that the informant
saw four unknown miscreants were assaulting his son and when
the informant tried to intervene, the miscreants attacked him
with a pistol butt, robbed his bag and fled away from the place
of occurrence leaving them injured.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.7620 of 2026(2) dt.02-02-2026
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present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that the petitioner is not named in the FIR. Name
of the petitioner has transpired in this case on the basis of
confessional statement made by co-accused, namely, Dinesh Lal
Yadav and the same has got no evidentiary value. It is next
submitted that no specific allegation has been attributed against
the petitioner rather the same is general and omnibus in nature.
The petitioner is in custody since 19.05.2025 and has got nine
criminal antecedents. Learned counsel for the petitioner further
submits that other co-accused has been granted regular bail by
this Court vide order dated 04.08.2025 passed in Cr. Misc. No.
27751 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Patna High Court CR. MISC. No.7620 of 2026(2) dt.02-02-2026
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Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Jay Nagar Rail P.S. Case No. 51 of
2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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