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Patna High Court

Pappu MiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of substantive evidence and given the prolonged pre‑trial custody, the petitioner is entitled to bail.

Summary

The petitioner, Pappu Miya, was implicated in a robbery case (IPC Section 392) arising from an incident on 06-11-2023 where two assailants allegedly stole a motorcycle key, cash and parcels. The petitioner contended that he was falsely implicated, was not named in the FIR, and that a confessional statement recorded in a separate police case had no evidentiary value. No incriminating articles were recovered from his possession and a thorough investigation (TIP) had not been conducted, although he had been in custody since 14-05-2024 and possessed nine prior criminal antecedents. The State opposed bail, but the court examined the lack of substantive evidence, the prolonged pre‑trial detention, and the inadmissibility of the confessional statement. Accordingly, the court granted bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and family surety. The order directed that bail be effected after framing of charge, if not already done.

Issues considered

  • Whether the petitioner is entitled to bail in a case of alleged robbery under IPC Section 392 pending trial.
  • Whether a confessional statement recorded in a different police case is admissible as evidence.
  • Whether the absence of recovered material evidence and the non‑conduct of a TIP affect the grant of bail.

Legislation cited

Subjects

  • bail
  • robbery
  • IPC 392
  • confessional statement
  • pre‑trial detention
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 82862 of 2025
                   Arising Out of PS. Case No.-396 Year-2023 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Pappu Miya Son of Saheb Hussain Resident of Village- Surawaniya, P.S.-
                 Manjhagarh, District- Gopalganj
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Javed Aslam, Advocate
                 For the Opposite Party/s :      Mr.Tapeshwar Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Manjhagarh P.S. Case No. 396 of 2023 instituted for the

                   offences under Sections 392 of the Indian Penal Code.

                               3. Prosecution case, in short, is that on 06.11.2023,

                   while informant was on the way to Chitauli to Allapur, in the

                   meantime, two unknown miscreants came on motorcycle and

                   snatched away the key of motorcycle on the point of pistol and

                   after that they snatched his cash and some undelivered parcels

                   worth of Rs. 25,291/- and fled away.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is not named in the F.I.R. The confessional statement
Patna High Court CR. MISC. No. 82862 of 2025(2) dt.15-01-2026
                                             2/3




          of petitioner has been recorded in Gopalganj Town P.S. Case

          No. 886 of 2023 in which he confessed his guilt and involvment

          in the present case. Thereafter, he has been remanded in this

          case. The confessional statement recorded before the Police has

          no evidentiary value. No incriminating/looted article has been

          recovered from the conscious possession of the petitioner.

          Learned counsel further submitted that T.I.P. has not been

          conducted till date to ascertain the involvement of the petitioner

          in the alleged offence. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 14.05.2024 and

          has nine criminal antecedents.

                        5. Learned A.P.P. 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, as also 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

          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 Manjhagarh P.S.

          Case No. 396 of 2023, subject to the following conditions:
           Patna High Court CR. MISC. No. 82862 of 2025(2) dt.15-01-2026
                                                       3/3




                                  (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.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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