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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and conditions of court attendance.

Summary

Pappu Kumar was arrested under Section 111(4) of the Bihar Narcotic Substances Act and Sections 25(1‑B)(a), 26 and 25 of the Arms Act after police claimed to have recovered a country‑made pistol and two live cartridges from his possession. The petitioner contended that the recovery was false and that the seizure violated mandatory search‑seizure procedures because there was no independent witness to the seizure list. He also pointed out that a co‑accused in the same case had been granted bail by a coordinate bench of the Patna High Court. The State opposed bail, citing three criminal antecedents, although the petitioner was already on bail in those matters. Considering the procedural irregularities alleged, the precedent of bail to the co‑accused, and the petitioner’s custody since May 2025, the court granted bail on a bond of Rs.10,000 with two sureties and specific conditions regarding attendance in court.

Issues considered

  • Whether the alleged procedural irregularities in the seizure of the weapon justify granting bail.
  • Whether the petitioner’s prior criminal antecedents preclude bail despite being on bail in those cases.
  • Whether the precedent of bail granted to a similarly situated co‑accused mandates bail in the present case.

Legislation cited

Subjects

  • bail
  • Arms Act
  • Bihar Narcotic Substances Act
  • search and seizure
  • procedural irregularities
  • criminal antecedents
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83334 of 2025
                   Arising Out of PS. Case No.-216 Year-2025 Thana- LAURIA District- West Champaran
                 ======================================================
                 Pappu Kumar Son of Sri Kailash Yadav Resident of Village- Dhadhwa, P.S.-
                 Lauriya, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   20-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Section 111(4) of the B.N.S. and

                   Sections 25(1-B)(a), 26 and 25 of the Arms Act.

                                   3. As per the prosecution case, it is alleged that

                   while the police was raiding the miscreants, one country made

                   pistol and two live cartridges were recovered from possession

                   of the petitioner.

                                   4. The learned counsel for the petitioner submits

                   that there is a false recovery of one country made pistol and

                   two live cartridges from the possession of the petitioner,

                   however, there is no independent witness to the seizure list

                   thereby violating the mandatory provisions of search and
Patna High Court CR. MISC. No.83334 of 2025(3) dt.20-02-2026
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          seizure. Similarly situated co-accused has been granted the

          privilege of bail by a Co-ordinate Bench of this Court vide

          order dated 27.08.2025 passed in Cr. Misc. No.58361 of 2025.

          The petitioner is in custody since 24.05.2025 and charge-sheet

          has been submitted.

                         5. Learned APP for the State opposed the grant of

          bail on the ground that the petitioner has three criminal

          antecedent, however, it is submitted in response that the

          petitioner is on bail in all the three cases.

                         6. Taking into consideration the facts and

          circumstances and considering that similarly situated co-

          accused has already been granted the privilege of bail by Co-

          ordinate Bench of this Court, let the above named petitioner, be

          released on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Additional Chief Judicial

          Magistrate-I, Bettiah, West Champaran/concerned Court below

          in connection with Lauriya P.S. FIR No. 216 of 2025 subject to

          condition that:-

                          (i) One of the bailors will be his own blood
                          relative, preferably, father, mother, brother, sister
                          and/or his wife.
                          (ii) The petitioner shall remain physically present
              Patna High Court CR. MISC. No.83334 of 2025(3) dt.20-02-2026
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                                        in court on each and every date during trial and in
                                        the event of failure on two consecutive dates
                                        without sufficient reasons, his bail bonds shall be
                                        liable to be cancelled by the learned court
                                        concerned.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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