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Patna High Court

Pintu Pandey @ Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the court found the accusations serious and the petitioner’s involvement specific.

Summary

Petitioner Pintu Pandey sought anticipatory bail after being named in an FIR alleging that he assaulted and shot the father of an informant, causing grievous injury. The prosecution alleged offences under multiple sections of the B.N.S. and Section 27 of the Arms Act. The petitioner claimed innocence, asserting he was falsely implicated and has a clean record. The State and the informant’s counsel opposed bail, emphasizing the specific accusations, seriousness of the offences, and the grievous nature of the injury. The court, after considering the gravity of the allegations and the direct nature of the accusations, rejected the petition for anticipatory bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the specific accusations under the B.N.S. and the Arms Act

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109(1), 115(2), 118(1), 118(2), 126(2), 127(2), 329(3), 3(5), 351(3), 352

Subjects

  • anticipatory bail
  • criminal procedure
  • firearms offence
  • grievous injury
  • section 27 Arms Act
  • B.N.S. offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2619 of 2026
                  Arising Out of PS. Case No.-294 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Pintu Pandey @ Pintu Kumar S/O Late Dhenuk Pandey Resident of Village -
                 Chamanpura, P.S- Baikunthpur, Dist.- Gopalganj

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Subhash Kumar, Advocate
                 For the State          :        Mr. Sanjay Kumar Singh, APP
                 For the Informant      :        Mr. Lokesh Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   06-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   127(2), 115(2), 118(1), 118(2), 109(1), 329(3), 351(3), 352 and

                   3(5) of the B.N.S. and Section 27 of the Arms Act.

                                3. As per prosecution case, it is alleged that this

                   petitioner abused and assaulted father of informant and fired

                   upon him due to which, father of informant sustained gun shot

                   injury.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
             Patna High Court CR. MISC. No.2619 of 2026(4) dt.06-04-2026
                                                         2/2




                       committed no offence. As a matter of fact, both parties are

                       Gotiyas and petitioner has falsely been implicated in this case

                       with ulterior motive. Petitioner claims clean antecedents.

                                    5. On the other hand, learned A.P.P. for the State and

                       learned counsel for the informant have vehemently opposed the

                       prayer for grant of anticipatory bail to the petitioner and

                       submitted that petitioner is named in the F.I.R. and there is

                       specific accusation that he shot father of informant due to which

                       he sustained fire arm injury. Doctor has found the injury,

                       sustained by the injured, grievous in nature.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation, gravity of offence

                       and nature of injuries allegedly caused by this petitioner, the

                       prayer for grant of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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