Patna High Court
Pappu Kumar @ NanhakaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a cash bond and specified conditions.
Summary
The petitioner, Pappu Kumar, was arrested on 26‑08‑2025 in connection with a theft of two motorcycles and charged under Sections 303(2) and 317(2) of the Bihar Narcotic Substances Act, 2023. He contended that he was falsely implicated, that the FIR named him only on suspicion and that no material evidence linked him to the crime, citing that co‑accused had already been granted bail in a similar case. The prosecution opposed bail, pointing to a prior criminal antecedent, though it noted the petitioner was already on bail in another pending matter. The Court examined the lack of substantive evidence, the principle of bail for non‑violent offences, and the precedent of bail granted to co‑accused. It ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedent. The bail order was made without delay for antecedent verification.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 303(2) and 317(2) of the Bihar Narcotic Substances Act, 2023 despite a prior criminal antecedent.
- Whether the lack of material evidence and the grant of bail to co‑accused warrant the petitioner’s release on bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 303, 317
Subjects
- bail
- criminal procedure
- Section 303
- Section 317
- prior criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90843 of 2025
Arising Out of PS. Case No.-335 Year-2025 Thana- MOHANPUR District- Gaya
======================================================
Pappu Kumar @ Nanhaka S/O Kedar Thakur R/O Village- Naudiha, P.S.-
Fatehpur, District -Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Durgesh Nandan, learned counsel for the
petitioner and Mr. Dilip Kumar No. 1, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.08.2025 in connection with Mohanpur P.S. Case No. 335 of
2025, F.I.R. dated 24.08.2025 for the offences punishable under
Section 303(2) of the BNS and subsequently Section 317(2) of
the BNS, 2023 was added.
3. According to prosecution case, some unknown
miscreants have stolen two motorcycles from the informant's
door.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the F.I.R that the petitioner is not
Patna High Court CR. MISC. No.90843 of 2025(2) dt.13-01-2026
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named in the F.I.R and his name has been transpired during
investigation on the basis of suspicion and except the aforesaid,
no other material has come during investigation which suggest
the involvement of the petitioner in the present occurrence. He
further submits that the recovery has been made near the railway
track. He further submits that the police after investigation
submitted the charge sheet against the petitioner. He further
submits that similarly situated, co-accused, namely, Pankaj
Kumar and another have been granted bail by a Co-ordinate
Bench of this Court vide order dated 03.12.2025 passed in Cr.
Misc. No. 80080 of 2025. The petitioner is in custody since
26.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries one criminal antecedent other than
the present one but fairly submits that the petitioner is on bail in
the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released 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 ACJM-II,
Sherghati, Gayaji in connection with Mohanpur P.S. Case No.
Patna High Court CR. MISC. No.90843 of 2025(2) dt.13-01-2026
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335 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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