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Patna High Court

Pappu Kumar @ Pappu Kumar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court refused to grant bail and dismissed the petitioner's bail application.

Summary

The petitioner, Pappu Kumar Yadav, was arrested in connection with a robbery alleged under Section 392 of the Indian Penal Code, wherein Rs. 1,00,000 was looted and a motorcycle was recovered. The co‑accused’s self‑inculpatory statement implicated the petitioner. He applied for regular bail, but the trial court had already rejected his earlier bail application on 25‑06‑2025, noting his custody since 22‑04‑2025 and the seriousness of the offence. The petitioner argued that charges had been framed and the trial was underway, seeking a review of the earlier order. The High Court, after hearing counsel, declined to revisit its earlier decision, emphasizing the gravity of the crime and the commencement of trial, and dismissed the bail application.

Issues considered

  • Whether bail should be granted to an accused of robbery under Section 392 IPC when the trial has commenced and the co‑accused’s statement implicates him.

Legislation cited

Subjects

  • bail
  • robbery
  • IPC 392
  • criminal procedure
  • high court
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79098 of 2025
                        Arising Out of PS. Case No.-614 Year-2023 Thana- BANKA District- Banka
                 ======================================================
                 Pappu Kumar @ Pappu Kumar Yadav S/o Nandev Yadav @ Nundev Yadav
                 Resident of village - Daad Nagar, Police station- Katoria, District- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Balram Kapri, Advocate
                 For the State           :        Mr.Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Banka P.S. Case

                   No. 614 of 2023 registered for the offence under Sections 392 of

                   the Indian Penal Code.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 25.06.2025 passed in Cr. Misc.

                   No. 38461 of 2025, which reads as under:

                                             “Heard learned counsel for the
                                  petitioner and learned APP for the State.
                                             2. The petitioner seeks regular bail in
                                  connection with Banka P.S. Case No. 614 of 2023
                                  registered for the offence under Sections 392 of
                                  the Indian Penal Code.
                                             3. As per the prosecution case,
                                  unknown criminals looted Rs. 1,00,000/- from the
                                  informant and thereafter the Apache Motorcycle
           Patna High Court CR. MISC. No.79098 of 2025(3) dt.11-02-2026
                                                       2/2




                                   was recovered which was used in the crime.
                                               4. The name of the petitioner has come
                                   in the self-inculpatory statement of the co-
                                   accused.
                                               5. The petitioner is in custody since
                                   22.4.2025.
                                               6. Considering the aforesaid facts, this
                                   Court is not inclined to grant bail to the
                                   petitioner.
                                               7. Accordingly, this application is
                                   dismissed.”

                                  4. Learned counsel for the petitioner submits that in

                     the trial, charges have been framed.

                                  5. Considering the gravity of the offence and the fact

                     that the trial has started, I am not inclined to review my earlier

                     order.

                                  6. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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