Md Pappu @ Banua @ Bauna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23462 of 2026 Arising Out of PS. Case No.-12 Year-2024 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Md Pappu @ Banua @ Bauna Son of Abdul Jalil Resident of villageMastaliya Ward No. 13, PS- Kochadhaman, District- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amal Kumar Sinha, Advocate For the State :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-04-2026 Heard Mr. Amal Kumar Sinha, learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 01.08.2025, in connection with Sessions Trial No. 277 of 2025 arising out of Kochadhaman P.S. Case No. 12 of 2024, F.I.R. dated 02.02.2024 registered for the offences punishable under Sections 353, 307/34 of the Indian Penal Code and 3⁄4 of the Explosive Substance Act.
3. The F.I.R. of the occurrence of loot is against unknown.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the
2/4 present case. He further submits that initially the petitioner was not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused persons namely Ranjeet Kumar and Md. Ashraf Alam and nothing has been recovered from the conscious possession of the petitioner or the house of the petitioner and till date no TIP was conducted by the prosecution. Learned counsel for the petitioner further submits co-accused person namely Ranjeet Kumar who has confessed the name of the petitioner has been granted bail by a Coordinate Bench of this Court vide order dated 28.08.2024 passed in Cr. Misc. No. 46249 of 2024, another co-accused person namely Md. Ekhlaque has been granted bail by this Court vide order dated 22.01.2026 passed in Cr. Misc. No. 91508 of 2025. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 01.08.2025.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that out of three cases, the petitioner is on bail in two cases and rest one case is pending for consideration before the competent court of law.
3/4
6. Considering the facts and circumstances of the case and the fact that the petitioner is not named in the F.I.R and the name of the petitioner has been transpired on the basis of confessional statement of co-accused persons and till date no TIP was conducted by the prosecution, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Kishanganj in connection with Sessions Trial No. 277 of 2025 arising out of Kochadhaman P.S. Case No. 12 of 2024, subject to the following conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) 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 antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in
4/4 terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U