Patna High Court
Pawan RajbharversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied regular bail to the petitioner.
Summary
Petitioner Pawan Rajbhar was arrested in connection with a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, alleging that he fired upon the brother of an informant, resulting in death. He applied for regular bail, claiming innocence, a clean antecedent, and that he had been in custody since 20 January 2026. The State opposed the bail, emphasizing the seriousness of the charges and the specific accusation against the petitioner. The Court, after hearing both sides, rejected the bail application, deeming the nature and gravity of the offence sufficient to deny release. Additionally, the Court directed the trial court to expedite the trial and aim to conclude it within one year of receiving the order.
Issues considered
- Whether regular bail should be granted to an accused in a murder case under Sections 302/34 IPC and Section 27 Arms Act
- Whether the seriousness of the accusation justifies denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- regular bail
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19473 of 2026
Arising Out of PS. Case No.-113 Year-2020 Thana- THAWE District- Gopalganj
======================================================
Pawan Rajbhar S/O Birbal Rajbhar R/O Village- Bhawanichhapar, P.S.-
Srirampur, Distt.- Deoria, U.P.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Shukla, Advocate
For the Opposite Party/s : Md. Ataur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Thawe P. S. Case No. 113 of 2020 registered for the offence
punishable under Sections 302/34 of the Indian Penal Code and
Section 27 of the Arms Act.
3. As per F.I.R., this petitioner fired upon the brother
of informant as a result of which, he died during course of
treatment. Petitioner is alleged to be a contract killer.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
claims clean antecedent and is in custody since 20.01.2026.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner is named in the
Patna High Court CR. MISC. No.19473 of 2026(2) dt.01-05-2026
2/2
F.I.R. with specific accusation that he fired upon the deceased.
6. Considering the nature of accusation and gravity of
the offence, prayer for bail of the petitioner is rejected.
7. However, since petitioner is in custody since
20.01.2026, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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