Patna High Court
Pappu Kumar @ Papu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding the allegations insufficiently specific and noting his lack of antecedents.
Summary
Pappu Kumar was arrested in connection with an alleged illegal sand‑mining operation on the Niranjana river, during which police attempting to seize a tractor were attacked with lathis, bricks and stones. The prosecution charged him under sections 191(2), 190, 126(2), 111(1), 121(2), 132 and 109 of the Bihar Non‑Statutory (BNS) Act. The petitioner contended that he was falsely implicated based on a confessional statement of a local watchman, that the allegations were vague and that he had no prior criminal record, noting that a co‑accused had earlier been granted bail. The State opposed the bail application. The Court, after considering the facts, found no specific overt act attributable to the petitioner and, noting his custodial period since September 2025, ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under sections 191(2), 190, 126(2), 111(1), 121(2), 132 and 109 of the BNS Act.
- Whether the allegations against the petitioner are sufficiently specific to deny bail.
- Whether the grant of bail to a co‑accused influences the petitioner's bail application.
Subjects
- bail
- illegal sand mining
- assault on police
- criminal procedure
- Bihar Non‑Statutory Act
- sections 191,190,126,111,121,132,109
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87344 of 2025
Arising Out of PS. Case No.-221 Year-2025 Thana- MOHANPUR District- Gaya
======================================================
Pappu Kumar @ Papu Kumar Son of Kamlesh Yadav R/o Village - Lamkani,
P.S. - Mohanpur, Dist. - Gayaji.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Minning Department of Bihar, Patna. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Roshan Kumar, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and also learned counsel for the Mining.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 191 (2),
190, 126 (2), 111 (1), 121 (2), 132, 109 of the BNS.
3. The case of the prosecution, in short, is that
illegal sand mining was being carried out from the Niranjana
river. When the informant reached the spot, he found that 8-10
tractors with trailers were being illegally loaded with sand
illegally by labourers. Thereafter, the informant along with other
police personnel tried to apprehend the miscreants but they fled
away. Informant seized the tractor and he was bringing the said
vehicle to the police station. In the meantime, the petitioner
Patna High Court CR. MISC. No.87344 of 2025(2) dt.12-01-2026
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along with other co-accused persons armed with ‘lathi’,
‘danda’, ‘bricks’ and ‘stones’ attacked on them due to which
they received injuries. Thereafter, all the accused persons fled
away from the place of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
name of the petitioner has surfaced in this case on the basis of
the confessional statement of local ‘chodkidar’. It is further
submitted that the nature of allegation is general and omnibus.
There is no specific allegation of overt act against the petitioner.
It is contended that similarly situated co-accused, namely,
Vikash Yadav @ Vikash Kumar has been extended the p[rivilege
of bail vide order dated 08.12.2025 passed in Cr. Misc. No.
82102 of 2025 by a co-ordinate Bench of this Court. Moreover,
the petitioner is languishing in judicial custody since 21.09.2025
having no criminal antecedent.
5. Learned APP appearing for the State has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
Patna High Court CR. MISC. No.87344 of 2025(2) dt.12-01-2026
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bail in connection with Mohanpur P.S. Case No. 221 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-II, Sherghati, Gaya.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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