Patna High Court
Bhuwar Pandey @ Prem Narayan ShuklaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 118(2), 126(2), 190, 191(2), 191(3), 61(2)
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
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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
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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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