Patna High Court
Pappu Yadav alias Karan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, holding that the evidence against him was insufficient to deny bail.
Summary
The petitioner, Pappu Yadav alias Karan Yadav, sought anticipatory bail after the police recovered illegal firearms and cartridges from a house where he was alleged to have been present. The prosecution’s case was based on a secret tip, the apprehension of a co‑accused (Angad Yadav) who identified the petitioner, and the seizure of the weapons, although no weapon was found in the petitioner’s direct possession. The petitioner argued that the identification stemmed solely from Angad Yadav’s confessional statement and that no incriminating article was recovered from his constructive possession, contending innocence. The court examined the reliability of the co‑accused’s statement and the lack of direct evidence linking the petitioner to the arms. Considering these circumstances, the court exercised its power under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail with strict conditions. The order directed the petitioner to surrender within thirty days, furnish bail bonds, and comply with conditions to prevent tampering with evidence or further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita given the reliance on a co‑accused’s confessional statement and absence of direct possession of the arms.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- arms possession
- confessional statement
- constructive possession
- bail conditions
- Section 438 CrPC
- Section 482 BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9172 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
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Pappu Yadav alias Karan Yadav S/O Bali Yadav R/O Vill - Mahdah, P.S -
Buxar Muffassil,Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agarwal, Sr. Advocate
Mrs. Dimpal Kumari, Advocate
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 22-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Buxar(Muffasil) P.S. Case No.363 of 2025,
F.I.R dated 30.10.2025 registered for the offences punishable
under Sections 25(1-b)(a), 26 and 35 of the Arms Act.
3. According to prosecution case, on 30.10.2025 at
around 11:00 AM, the informant, S.I. Guddu Kumar Choudhary
of Itarhi Gumti Police Post, received secret information that
Angad Yadav (the petitioner) and Pappu Yadav @ Karan Yadav
were carrying illegal firearms (katta) in their village. After
informing his superiors, he proceeded with a police team to
verify the information. Upon reaching their house, two persons
Patna High Court CR. MISC. No.9172 of 2026(3) dt.22-04-2026
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attempted to flee through the back door; one was apprehended
and identified as Angad Yadav, who disclosed the name of the
absconding person as Pappu Yadav @ Karan Yadav. As no
independent witnesses were available, the police conducted a
search in the presence of constable Mukesh Kumar and Home
Guard Shivji Ram. During the search, a bag containing two
katta and six live cartridges concealed in a sack of straw was
recovered from a room. The petitioner failed to provide a
satisfactory explanation, following which the firearms and
cartridges were seized.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It has further been submitted that the name of the
petitioner has transpired on the basis of confessional statement
of co-accused Angad Yadav, and no incriminating article has
been recovered from the constructive possession of the
petitioner. Lastly, it has been submitted that the petitioner has
two criminal antecedent and is on bail in the said cases.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the name of the petitioner has transpired on the basis of
Patna High Court CR. MISC. No.9172 of 2026(3) dt.22-04-2026
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confessional statement of co-accused Angad Yadav, and no
incriminating article has been recovered from the constructive
possession of the petitioner. Accordingly, this Court is inclined
to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 Court of Sessions Judge, Buxar, in
connection with Buxar(Muffasil) P.S. Case No.363 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
Patna High Court CR. MISC. No.9172 of 2026(3) dt.22-04-2026
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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