Patna High Court
Pappu Kumar @ Pappu yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted subject to a Rs.10,000 bond and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Pappu Kumar, applied for anticipatory bail after an FIR alleged that he assaulted an informant, causing a simple head injury. He was charged under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner’s counsel argued innocence and that the injury was minor, while the State’s Additional Public Prosecutor opposed bail. The court considered the nature of the accusations, the severity of the injury, and the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. It granted anticipatory bail, directing that if arrested within eight weeks, the petitioner must furnish a bail bond of Rs.10,000 with two sureties, subject to the court’s conditions.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the nature and severity of the alleged injury justify denial of bail
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the grant of anticipatory bail in the present circumstances
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- criminal procedure
- injury
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.896 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Pappu Kumar @ Pappu yadav son of Dhaneshwar Yadav @ Dani Prasad
yadav R/V Kausaha, Ward no 15, PS- Triveniganj, Dist-Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prafull Chandra Thakur, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 115(2), 126(2), 109(1),
303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. As per F.I.R., this petitioner gave farsa blow on the
head of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Doctor has
found the injury, attributed to this petitioner, to be simple in
nature. Case and counter case.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and injury,
Patna High Court CR. MISC. No.896 of 2026(2) dt.21-01-2026
2/2
this anticipatory bail is allowed and it is ordered that let the
above named petitioner in the event of his arrest/surrender
before the court below within a period of eight weeks from
today, 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 learned Additional Chief Judicial
Magistrate-I, Supaul in connection with Triveniganj P.S. Case
No. 283 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…