Pappu Kumar @ Papu Yadav @ Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40617 of 2025 Arising Out of PS. Case No.-447 Year-2021 Thana- PALIGANJ District- Patna ====================================================== PAPPU KUMAR @ PAPU YADAV @ PAPPU YADAV S/O KESHAV YADAV R/O-GHURANA BIGHA, PS-PALIGANJ, DISTT-PATNA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jata Shankar Jha, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Paliganj P.S. Case No. 447 of 2021 instituted for the offences under Sections 147, 148, 149, 323, 354, 379, 504, 506, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that the accused persons including the petitioner assaulted the informant with lathi and iron rod. It is further alleged that the petitioner also fired upon the informant due to which he sustained injuries on his leg.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.40617 of 2025(4) dt.10-09-2025 2/3 Learned counsel further submitted that there is a delay of seventeen days in lodging the FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Charge-sheet has been submitted in this case. There is land dispute between the parties. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.04.2025 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paliganj P.S. Case No. 447 of 2021, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.40617 of 2025(4) dt.10-09-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) 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.

(Rudra Prakash Mishra, J) Alok Verma/- U T