Patna High Court
Pancham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Pancham Kumar, was arrested on 18 November 2025 in connection with an FIR dated 17 November 2025 alleging offences under Sections 303(2), 62, 109, 3(5) of the B.N.S. and Section 27 of the Arms Act. The FIR alleges that he tried to stop an informant with a lathi, while the charge of firing is directed at a co‑accused, Jawaharlal Mistry. The petitioner contended that he has a clean criminal record and that the FIR is false and fabricated, seeking bail. The State opposed the bail application. The Court, noting the absence of any specific allegation of assault or firing against the petitioner and his clean antecedent, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the District & Sessions Judge, Arwal.
Issues considered
- Whether bail should be granted to the petitioner given the allegations under the B.N.S. and Arms Act
- Whether the petitioner’s clean antecedent and lack of specific assault allegation justify bail
Legislation cited
Subjects
- bail
- criminal procedure
- false FIR
- clean antecedent
- Arms Act
- lathi
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16570 of 2026
Arising Out of PS. Case No.-95 Year-2025 Thana- Rampur Chauram District- Arwal
======================================================
Pancham Kumar S/o Late Deobali Mahto R/o Village - Kateshar Tola, Ram
Nath Bigha, P.S - Rampur Chauram, District - Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyanand Roy, Advocate
For the State : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Gyanand Roy, learned counsel for the
petitioner and Mr. Madan Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
18.11.2025, in connection with Chauram P.S. Case No. 95 of
2025, F.I.R. dated 17.11.2025 registered for the offences
punishable under Sections 303(2), 62, 109, 3(5) of the B.N.S.
and Section 27 of the Arms Act.
3. Allegation against the petitioner is that he has tried
to stop the informant by means of lathi.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.16570 of 2026(2) dt.16-03-2026
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It appears from the F.I.R. that the allegation of firing attributed
against co-accused person namely Jawaharlal Mistry and the
allegation against the petitioner is that he has tried to stop the
informant by means of lathi and there is no accusation against
him in the F.I.R. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 18.11.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there
is no allegation of any assault or overt act or firing against the
petitioner and there is specific allegation of firing against co-
accused Jawaharlal Mistry, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned District & Sessions Judge-I, Arwal in
connection with Rampur Chauram P.S. Case No. 95 of 2025,
subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.16570 of 2026(2) dt.16-03-2026
3/3
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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