Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified.
Summary
Petitioner Pawan Kumar applied for anticipatory bail after learning that he might be arrested in a case alleging offences under Sections 318(4), 338, 336(3) of the Bharatiya Nyaya Sanhita and Section 23 of the Prenatal Diagnostic Act, relating to an illegal nursing home. He argued that he is not named in the FIR and was implicated only through a co-accused's confession, maintains his innocence, and has a clean antecedent. The State opposed the bail. The Court, considering the nature of the accusations, the petitioner’s lack of direct involvement, and his clean record, granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also directed the Additional Chief Judicial Magistrate‑I, Sherghati to enlarge bail upon surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the pending FIR and serious charges.
- Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confession, warrants detention.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 318(4), 336(3), 338
Subjects
- anticipatory bail
- criminal procedure
- illegal nursing home
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1034 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- DOBHI District- Gaya
======================================================
Pawan Kumar S/O Upendra Prasad R/O Village- Pachratan Tola, Bari Kewal,
P.S.- Bahera, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar (App125)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 318(4), 338, 336(3) of
the Bharatiya Nyaya Sanhita and Section 23 of Prenatal
Diagnostic Act.
3. As per F.I.R., the named accused persons were
running an illegal nursing home.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is not named in the F.I.R. and his name transpired during course
of investigation on confessional statement of co-accused.
Petitioner has got no concern with the alleged nursing home and
he has been made accused only on suspicion. Petitioner claims
clean antecedent.
Patna High Court CR. MISC. No.1034 of 2026(2) dt.22-01-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate-I, Sherghati, Gayajee in connection with Dobhi P. S.
Case No. 211 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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