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Patna High Court

Pankaj Kumar PanditversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted in view of the serious nature of the murder allegation and the confessional statement.

Summary

The petitioner, Pankaj Kumar Pandit, applied for regular bail in a murder case (Section 103(1) of the Bharatiya Nyaya Sanhita, 2023) arising from a complaint by his wife alleging he killed their child. The prosecution’s case is based on the wife’s allegation and a confessional statement by the petitioner, with the deceased’s body recovered showing injuries from a hard, blunt object. The petitioner’s counsel claimed his innocence and argued for bail, while the State’s counsel opposed the bail application. The court examined the seriousness of the murder allegation and the existence of a confessional statement. Concluding that the allegations were substantial, the court declined to grant regular bail. Consequently, the bail application was rejected.

Issues considered

  • Whether regular bail should be granted to the accused in a murder case under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023?

Legislation cited

Subjects

  • regular bail
  • murder
  • Section 103
  • Bharatiya Nyaya Sanhita
  • high court
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14579 of 2026
                        Arising Out of PS. Case No.-87 Year-2025 Thana- JALALPUR District- Saran
                 ======================================================
                 Pankaj Kumar Pandit Son of Late Kanhaiya Pandit Resident of village -
                 Basila, P.S.- Jalalpur, District - Saran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Singh
                 For the Opposite Party/s :        Mr. Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Jalalpur P.S. Case No. 87 of 2025 registered for the offence

                   under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The informant of the case is the wife of the

                   petitioner. She has alleged that the petitioner, who is the father

                   of the deceased, committed the murder of the deceased. On the

                   basis of the confessional statement of the petitioner, the dead

                   body of the deceased was recovered. The injuries found on the

                   body of the deceased were caused by a hard and blunt

                   substance.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.
            Patna High Court CR. MISC. No.14579 of 2026(2) dt.16-03-2026
                                                        2/2




                      Petitioner is in custody since 16.05.2025

                                    5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                    6. Considering the allegations levelled against the

                      petitioner, this Court is not inclined to grant regular bail to the

                      petitioner.

                                    7. Accordingly, this application for regular bail stands

                      rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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