Patna High Court

Pawan Kumar SinghversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is refused due to the inordinate ten‑year delay in filing the application.

Summary

Petitioner Pawan Kumar Singh applied for anticipatory bail in 2026 for offences alleged in a 2016 FIR, including sections 147, 148, 149, 341, 323, 307, 504 of the IPC and section 27 of the Arms Act. The State opposed, arguing that the application was filed after a ten‑year delay with no satisfactory explanation and that the petitioner had no genuine apprehension of arrest. The Court examined the delay and the lack of a plausible reason for filing the bail application after such a long period. It held that the inordinate delay undermined the purpose of anticipatory bail. Consequently, the Court refused the anticipatory bail application.

Issues considered

Whether anticipatory bail can be granted after a ten‑year delay in filing the application
Whether the petitioner has a genuine apprehension of arrest justifying anticipatory bail
Whether the lack of explanation for the delay defeats the bail application

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 504

Subjects

anticipatory bail
delay
Indian Penal Code
Arms Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.113 of 2026
                 Arising Out of PS. Case No.-51 Year-2016 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
                 Pawan Kumar Singh S/o- Vijay Singh Resident of Tharbitiya P.S- Pakridayal
                 Dist- East Champaran
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :      Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                  Heard learned counsel for the petitioner and the State.
                                2. Petitioner apprehends arrest in case registered for
                   the offences punishable under Sections 147, 148, 149, 341, 323,
                   307, 504 of the Indian Penal Code and Section 27 of the Arms
                   Act.
                                3. At the outset, learned A.P.P. for the State opposed
                   the bail application and submitted that petitioner has moved this
                   anticipatory bail application after lapse of 10 years of the
                   institution of F.I.R. and there is no plausible explanation for the
                   delay. It appears that petitioner has no apprehension of arrest.
                                4. Considering the inordinate delay of 10 years in
                   moving the pre-arrest bail application, prayer for anticipatory
                   bail of the petitioner is refused.



                                          (Prabhat Kumar Singh, J)
Navya/-

U         T

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