Patna High Court
Pankaj Kumar @ Pankaj Yadav @ Pankaj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court allowed the bail application, granting bail to the petitioner subject to specified conditions.
Summary
Pankaj Kumar Yadav was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act, based primarily on a confessional statement of co‑accused Lala Yadav and Lalan Bind that the arms used in a murder were procured from him. The petitioner contended that he was innocent, that no arms were recovered from him, and that the confessional statement was inadmissible and the sole piece of evidence against him. He also highlighted that he had been in custody since 19 June 2025 and had several other pending cases but was already on bail in all except one. The State and the informant opposed bail. The Court, after considering the lack of material linking the petitioner to the offence and his right to liberty, granted bail on a cash bond of Rs. 10,000 with two sureties, subject to conditions of cooperation with investigation, non‑interference with witnesses, and disclosure of any concealed criminal antecedents.
Issues considered
- What is the appropriateness of granting bail to the petitioner when the only evidence is a confessional statement of co‑accused?
- Do the petitioner’s prior criminal antecedents and pending cases preclude bail under the Arms Act offences?
Legislation cited
- Arms Act — s. 25(1‑b)a, 26, 35
Subjects
- bail
- Arms Act
- confessional statement
- criminal antecedents
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78462 of 2025
Arising Out of PS. Case No.-254 Year-2025 Thana- ARA NAGAR District- Bhojpur
======================================================
Pankaj Kumar @ Pankaj Yadav @ Pankaj Kumar Yadav Son of Late Santosh
Yadav @ Santoshi Yadav Resident of Village - Bhaluhipur, Police Station -
Ara Town, District - Bhojpur at Ara.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar. Advocate
For the State : Mr. Humayou Ahmad Khan, APP
For the Informant : Mr. Aashiwats, Advocate
Ms. Mili Kumari, Advocate
Ms. Shambhawi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner seeks bail in connection with Ara
Town P.S. Case No. 254 of 2025 dated 21.04.2025, registered
for the offences punishable under Sections 25(1-b)a, 26 and 35
of the Arms Act.
3. As per allegation, the arms were recovered from co-
accused, Lala Yadav and Lalan Bind which were used in the
commission of murder for which Ara Town P.S. Case No. 247 of
2025 was registered and as per the confessional statement of co-
accused, Lala Yadav and Lalan Bind, the arms were procured
from the present petitioner.
Patna High Court CR. MISC. No.78462 of 2025(3) dt.21-01-2026
2/4
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this case.
He further submits that there is no recovery of any arms in
pursuance of Ara Town P.S. Case No. 247 of 2025 from the
petitioner and the arms were recovered from the co-accused, Lala
Yadav and Lalan Bind. The only material against the petitioner is
so-called confessional statement of co-accused, Lala Yadav and
Lalan Bind to the police as per which the same arms were
procured from him, which is not admissible in the eye of law.
There is no other material which may connect the petitioner with
the alleged offence. He also submits that the petitioner has
similar criminal antecedents, but he is already on bail in all cases
except one i.e. Ara Town P.S. Case No. 701 of 2024.
5. He further submits that the petitioner has been
languishing in jail since 19.06.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has earlier been made accused in six
other cases.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State and learned
Patna High Court CR. MISC. No.78462 of 2025(3) dt.21-01-2026
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counsel for the Informant vehemently oppose the prayer of the
petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned concerned Court
below in connection with Ara Town P.S. Case No. 254 of 2025
on the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
Patna High Court CR. MISC. No.78462 of 2025(3) dt.21-01-2026
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the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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