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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57762 of 2025 Arising Out of PS. Case No.-159 Year-2025 Thana- PAROO District- Muzaffarpur ====================================================== Pappu Ray @ Pappu Kumar Yadav S/O Late Lakhindra Ray R/O Vill.- Vahalolpur, P.s.- Paro, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prasoon Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Paroo P.S. Case No. 159 of 2025 registered for the alleged offences under Sections 109 r/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 25(1-b)a, 26, 27 and 35 of the Arms Act.

03. As per prosecution case, the petitioner and other co-accused persons came to the house of the informant and enquired for hiring his Auto. When the brother of the informant came out, this petitioner fired upon him with a pistol and fled away from the spot.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.57762 of 2025(4) dt.16-12-2025 2/3 case. The petitioner was not even present at the place of occurrence and this fact can be verified from his mobile location. The prosecution story is completely false. The informant was having inimical terms with a number of the persons and one such person fired upon the brother of the informant and taking advantage of this fact, the petitioner and his family members have been falsely implicated. There is land dispute between the parties and Title Suit No. 520 of 2018 has been pending in between them. The injury sustained by the brother of the informant is a minor injury but has been given colour of firearm injury with the help of police personnel. The petitioner is having antecedent of one case in which he is on bail. The petitioner is in custody since 09.06.2025 and chargesheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner for firing upon the brother of the informant and corroborative injury has been found.

06. A report has been called for from the learned trial court by a Co-ordinate Bench. From the report, it appears that cognizance has been taken on 10.11.2025 and at present the case

Patna High Court CR. MISC. No.57762 of 2025(4) dt.16-12-2025 3/3 is at the stage of appearance.

07. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur (West)/court concerned in connection with Paroo P.S. Case No. 159 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T