Patna High Court
PanchamlalversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail application was dismissed as the evidence was sufficient to justify continued custody.
Summary
Petitioner Panchamlal, arrested on 29‑12‑2025, applied for bail in connection with a robbery‑and‑assault case (Banka P.S. Case No. 593 of 2025) involving alleged theft of Rs.2,50,000 and the use of a knife and firearm. The prosecution alleged that a blood‑stained knife used in the crime was recovered from the petitioner and that a confessional statement linked him to the looted amount of Rs.83,000. The petitioner contended he had a clean record, was not named in the FIR, and that his alleged involvement was based solely on a co‑accused’s brother’s statement and the knife recovered from him. The court examined the material evidence, including the recovered weapon and the confession, and found it sufficient to justify denial of bail. Consequently, the judge refused the bail prayer, keeping the petitioner in custody.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of a blood‑stained knife and a confessional statement linking him to the robbery.
- Whether the material evidence on record establishes a prima facie case warranting denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- bail
- Arms Act
- robbery
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22370 of 2026
Arising Out of PS. Case No.-593 Year-2025 Thana- BANKA District- Banka
======================================================
Panchamlal S/o Satya Narayan Sah R/o Village - Kakwara, P.S - Banka,
District - Banka
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi
For the Opposite Party/s : Mr. Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 14-05-2026 Heard Mr. Ravi Prakash Dwivedi, learned counsel
for the petitioner and Mr. Akshay Lal Pandit, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.12.2025 in connection with Banka P.S. Case No. 593 of 2025
for the offences punishable under Section 309(4) of the BNS
and Section 27 of Arms Act.
3. The case of the prosecution, in brief, is that on
26.12.2025 the informant's brother-in-law Rajeev Kumar
Choudhary withdrew Rs.2,50,000/- form S.B.I ADB Branch
Banka. At about 5.00 pm when he was going to his home, near
Mudhara road two unknown persons attacked on him with some
kind of weapon, resulting which he fell from his motorcycle.
After that the said unknown persons attacked on Rajeev Kumar
Patna High Court CR. MISC. No.22370 of 2026(3) dt.14-05-2026
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Choudhary with knife and snatched Rs. 2,50,000/- from Rajeev
Kumar Choudhary. They also opened fire arm.The victim was
brought to Sadar Hospital wherein he was referred to Mayaganj
Bhagalpur for better treatment.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It is next submitted that petitioner
is not named in the FIR and name of the petitioner has
transpired during the course of investigation on the basis of
statement of the brother of co-accused, namely, Manish Kumar
Mandal and the knife which was used in the crime in question
was also recovered from the possession of the petitioner.
Learned counsel for the petitioner next submits that except the
aforesaid, no other cogent material has come during
investigation which suggests the involvement of the petitioner in
the present occurrence.
5. The learned Additional Public Prosecutor for the
State, on the basis of materials available on record and the case
diary, has vehemently opposed the prayer for bail of the
petitioner and submits that the blood stained knife which is said
to be used in the crime in question has been recovered form the
possession of the petitioner. Apart from that the looted amount
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of Rs. 83,000/- was also recovered on the basis of confessional
statement of the petitioner.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Banka P.S. Case No. 593 of 2025 pending in
the Court of learned Chief Judicial Magistrate, Banka.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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