Patna High Court
Pappu Rai @ Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Pappu Rai, sought anticipatory bail fearing arrest in a case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, where the co‑accused Vivek Kumar allegedly fired at an informant's son, causing death. The petitioner asserted that he was merely present at the scene holding a pistol, with no specific overt act attributed to him, and highlighted his clean antecedent. The State opposed the bail, contending the seriousness of the offences. The Court considered the nature of the accusation, the petitioner’s clean record, and the lack of direct involvement, and applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the Court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- arms act
- murder
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86102 of 2025
Arising Out of PS. Case No.-617 Year-2025 Thana- DANAPUR District- Patna
======================================================
Pappu Rai @ Vinay Kumar S/O Ramishwar Singh R/O Vill.- Hulasi Tola,
P.S.- Maner, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. According to the prosecution case, co-accused
Vivek Kumar fired upon the son of informant due to which he
died.
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has committed no offence. Petitioner
is co-villager and distant relative of co-accused Vivek Kumar
and he is only alleged to be present at the place of occurrence
holding the pistol. There is no allegation of any specific overt
act against this petitioner. Petitioner claims clean antecedent.
5. Learned counsel for the State opposed the bail
Patna High Court CR. MISC. No.86102 of 2025(2) dt.09-02-2026
2/2
petition.
6. Considering the nature of accusation and clean
antecedent of the petitioner and other circumstances of the case,
this anticipatory bail is allowed and it is ordered that in the
event of arrest or surrender within eight weeks from today, let
the petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-1st, Danapur, Patna in connection
with Danapur P.S. Case No. 617 of 2025, subject to the
conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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