Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Arms Act, 1959 — s. 25, 25(1‑B)(a), 26
- Bihar Narcotic Substances Act — s. 111(4)
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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