IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.474 of 2026 Arising Out of PS. Case No.-31 Year-2005 Thana- VAISHALI District- Vaishali ======================================================

Pappu Kumar @ Pappu Kumar Singh @ Pappu Singh S/o Naval Singh @

Nawal Singh R/O- Jhitkahiya, P.S- Vaishali, Dist- Vaishali ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Subodh Kumar, Advocate For the Respondent/s : Mr. Syed Ashfaque Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH ORAL ORDER

3 18-02-2026 1-Heard learned counsel for the appellant and learned Additional Public Prosecutor representing the State.

2- Admit.

3- Summon the lower court records in connection with Sessions Trial No. 65 of 2007 arising out of Vaishali P.S. Case No. 31 of 2005 from the concerned trial Court.

4-This appeal under Sections 415 (2) and 430(1) of B.N.S.S. has been preferred by the appellant namely Pappu Kumar @ Pappu Kumar Singh @ Pappu Singh against the judgment of conviction and order of sentence dated 19.12.2025 passed by learned Additional Sessions Judge- XIV, Vaishali at Hajipur in Sessions Trial Case No. 65 of 2007 arising out of Vaishali Police Station Case No. 31 of 2005, Under Sections 447, 323 and 324 of the Indian Penal Code District Vaishali, convicting and sentencing the appellant as under:-

(a) Two years' rigorous imprisonment and fine of Rs.

1,000/- for the offence under Section 324 of the Indian Penal Code and in default of payment of fine, one month additional simple imprisonment.

(b) Three months simple imprisonment for the offence under Section 447 of the Indian Penal Code.

(c) Three months simple imprisonment for the offence under Section 323 of the Indian Penal Code.

All the sentences are ordered to run concurrently.

5-The appellant has prayed for suspension of his sentence and release on bail during the pendency of this criminal appeal before this Court.

6-It is argued by learned counsel for the appellant that the appellant is innocent and he has been falsely implicated in this case. Impugned judgment and order of conviction and sentence of the appellant is not sustainable in the eyes of the law. The trial Court in exercise of powers under Section 430(3) of BNSS has granted provisional bail to the appellant vide order dated 19.12.2025, which has not been misused by him and instant Criminal Appeal has been preferred within limitation period.

The appellant does not have any criminal history to his credit. Lastly, it is submitted that in case provisional bail of appellant is confirmed, he will not misuse the liberty of bail and will co-

operate in early hearing of this appeal.

7-Per contra, learned A.P.P. for the State opposed the prayer for bail of the appellant by contending that prosecution has proved it’s case beyond reasonable doubt.

8-Having heard learned counsel for the parties and examined the matter in its entirety, I find that appellant has been convicted for a maximum period of two years. Due to heavy docket, this criminal appeal is not likely to be heard in near future. There is no material on record to presume that there is danger, of course, of justice being thwarted by grant of bail to the appellant.

9-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused, submissions of learned counsel for the parties and the reasons as mentioned above, this Court is of the opinion that the appellant is liable to be released on bail during pendency of this Criminal Appeal. Hence provisional bail granted to the appellant as noted above is made confirmed and he shall be treated on bail during pendency of this case.

10-The sentence of the appellant shall remain suspended during the pendency of this Criminal Appeal.

11-The appellant shall furnish fresh personal bond and bail bond of