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Patna High Court

Bhuwar Pandey @ Prem Narayan ShuklaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail could not be granted to the petitioner.

Summary

The petitioner, Bhuwar Pandey, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly participating in indiscriminate firing that resulted in three deaths and two injuries. He applied for regular bail, claiming innocence and having been in custody since 29‑10‑2025. The State opposed the bail, arguing that the allegations are grave and that prima facie material links the petitioner to the killings. The Court examined the prosecution’s case, noting that the petitioner’s name surfaced during investigation as a participant in the firing. Considering the seriousness of the offences and the prima facie evidence, the Court declined to grant regular bail. The order expressly states that the observations are limited to the bail application and do not prejudice the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner in view of the serious nature of the offences and the existence of prima facie evidence of his involvement.

Legislation cited

Subjects

  • regular bail
  • serious offences
  • homicide
  • arms possession
  • prima facie evidence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15596 of 2026
                        Arising Out of PS. Case No.-180 Year-2025 Thana- RAJPUR District- Buxar
                 ======================================================
                 Bhuwar Pandey @ Prem Narayan Shukla Son of Prabhunath Shukla Resident
                 of village - Mishrawaliya (Misrawaliya), Police Station - Buxar (M), District -
                 Buxar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Anand, Advocate
                                                  Ms. Priya Ranjan, Advocate
                                                  Mr. Robin Kumar, Advocate
                                                  Mr. Manish Rai Sharma
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey
                 For the Informant        :       Mr. Sitaram
                                                  Mr. Robin Kumar
                                                  Mr. Risha Rani
                                                  Mr. Abhishek Anand
                                                  Mr. Priya Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                   Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Rajpur P.S. Case No. 180 of 2025 registered for the offence

                   under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(2), 109,

                   103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section

                   27 of the Arms Act.

                                 3. As per the prosecution case, the allegation against

                   the petitioner is that he, along with other co-accused persons

                   variously armed with rifles, pistols, and other firearms, came to
Patna High Court CR. MISC. No.15596 of 2026(2) dt.24-04-2026
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          the place of occurrence and started indiscriminate firing, due to

          which three persons died on the spot and two persons were

          injured.

                       4. The learned counsel for the petitioner submits that

          the petitioner is innocent and has not committed any offence.

          The petitioner is in custody since 29.10.2025.

                       5. Per contra, learned counsel for the State and the

          learned counsel for the informant have vehemently opposed the

          bail application and submit that the allegations against the

          petitioner are serious and grave in nature. It is contended that

          there exists prima facie material against the petitioner indicating

          his involvement in the commission of the offence.

                       6. I have considered the submissions of the parties and

          have gone through the records of the case. Nineteen named and

          three unknown persons made indiscriminate firing, resulting in

          the death of three persons and injuries to two others. The

          petitioner is one of the accused, whose name has surfaced

          during the investigation, indicating that he participated in the

          killing of the deceased.

                       7. Considering the fact that the petitioner and others

          are involved in the killing of three persons and injuring two

          others, this Court is not inclined to grant regular bail to the
            Patna High Court CR. MISC. No.15596 of 2026(2) dt.24-04-2026
                                                        3/3




                      petitioner. Accordingly, this application for regular bail stands

                      rejected.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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