Patna High Court
Md. PappuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court refused to grant regular bail to the petitioners.
Summary
The petitioners, accused of dacoity and robbery amounting to Rs.7,00,000 and alleged violations of the Arms Act, applied for regular bail in connection with PS Case No.253 of 2025. The offences alleged include murder‑attempt under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and illegal possession and use of arms under Sections 25(1‑b)a, 26 and 35 of the Arms Act. The informant’s testimony and the co‑accused’s self‑inculpatory statements identified the petitioners, and they have been in custody since July/August 2025. The Court examined the seriousness of the allegations and the existence of prima facie material linking the petitioners to the crime. Concluding that the charges are grave and the evidence sufficient to warrant continued detention, the Court refused to grant regular bail, noting that the order is limited to these applications and does not prejudice future proceedings.
Issues considered
- Whether regular bail should be granted to the petitioners accused of dacoity, murder‑attempt and offences under the Arms Act given the seriousness of the allegations and prima facie evidence.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
Subjects
- regular bail
- dacoity
- Arms Act
- Bharatiya Nyaya Sanhita
- prima facie evidence
- bail rejection
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88661 of 2025
Arising Out of PS. Case No.-253 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
1. Md. Pappu S/O Md. Isrul Resident of Village- Ghosbari, P.S- Bakhtiyarpur,
District- Patna.
2. Md. Jhaban S/O Md. Salim Resident of Village- Ghosbari, P.S-
Bakhtiyarpur, District- Patna.
3. Md. Inam @ Bhota S/O Noor Mohammad Resident of Village- Singraul,
P.S- Nimachak Bathani, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 87968 of 2025
Arising Out of PS. Case No.-253 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Md. Ezaz Aiyubi @ Ezaz Aiyubi Son Of Yunus Bawarchi @ Yunus Aiyubi
R/O Village - Mohani, P.S.- Asthawan, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 88661 of 2025)
For the Petitioner/s : Mr. Sheo Kumar Prasad
For the Opposite Party/s : Mr. Aditya Narayan Singh.1
(In CRIMINAL MISCELLANEOUS No. 87968 of 2025)
For the Petitioner/s : Mr. Raj Kishor Prasad
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-03-2026 These cases arise out of the same P.S. Case i.e.,
Ashthawan P.S. Case No. 253 of 2025; therefore, they are being
heard together and disposed of by a common order.
2. Heard the learned counsel for the petitioners and
Patna High Court CR. MISC. No.88661 of 2025(4) dt.26-03-2026
2/3
learned APP for the State.
3. The petitioners seek regular bail in connection with
Asthawan P.S. Case No. 253 of 2025 registered for the offence
under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 25(1-b)a 26 and 35 of the Arms Act.
4. There is an allegation against six unknown persons
who entered the house of the informant, tied the mouths and
hands of all family members, committed dacoity, and took away
cash amounting to Rs. 3,50,000/- and gold and silver ornaments
worth Rs. 4,50,000/-.
5. The petitioners of Cr. Misc. No. 88661 of 2025 are
in custody since 19.08.2025 whereas the petitioner of Cr. Misc.
No. 87968 of 2025 is in custody since 24.07.2025. The name of
the petitioners have come in the self-inculpatory statement of
the co-accused. The informant has identified the accused namely
Md. Jhaban, Md. Alam, Md Furkan @ Pandit, Pappu Bakho
during the TIP.
6. The allegations against the petitioners are serious
and grave in nature. There exists prima facie material against the
petitioners indicating their involvement in the commission of
the offence.
7. Considering the allegations levelled against these
Patna High Court CR. MISC. No.88661 of 2025(4) dt.26-03-2026
3/3
petitioners, this Court is not inclined to grant regular bail to the
petitioners.
8. Accordingly, these applications for regular bail
stand rejected.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present applications
and shall not prejudice the case of the petitioners at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…