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Patna High Court

Panchu Kumar @ Pachu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

Petitioner Panchu Kumar was arrested in connection with a case involving alleged conspiracy to commit heinous offences and possession of illegal arms, as alleged under Sections 310(4), 310(5), 317(3) & 317(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑Ba), 26 and 35 of the Arms Act. The prosecution alleged that six persons gathered to commit a crime, and during a police raid four were apprehended and weapons and motorcycles were seized, but no incriminating article was found on the petitioner. The petitioner contended that he was falsely implicated, had no criminal antecedents, and that procedural safeguards under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 were not complied with. The State opposed bail, citing the seriousness of the offences. Considering the lack of direct evidence against the petitioner, his clean record, and the length of his pre‑trial custody, the Court granted bail on the condition of a Rs.15,000 bond with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with
  • Whether the absence of incriminating material in the petitioner's possession justifies grant of bail

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • serious offences
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • procedural safeguards
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2639 of 2026
                     Arising Out of PS. Case No.-151 Year-2025 Thana- PRATAPGANJ District- Supaul
                 ======================================================
                 Panchu Kumar @ Pachu Kumar S/O Jharilal Das @ Jharilal Tanti R/O Vill.-
                 Ram vishanpur, Ward no. 1, P.S.- Raghopur, Dist.- Supaul.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Chandra Sen Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Pratapganj P.S. Case No. 151 of 2025, instituted for the offences

                   under Sections 310(4), 310(5), 317(3) & 317(4) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 25(1-B)a, 26 and 35 of the Arms

                   Act.

                               3. Prosecution case, in short, is that on 19.07.2025 at

                   9.00 A.M. informant received secret information regarding

                   gathering of six persons at Chilamchowk to commit heinous

                   offence. Thereafter, informant along with other Police personnel

                   reached there. On seeing the Police personnel, six persons

                   boarding on two motorcycles tried to flee away, out of which four

                   persons have been apprehended and two persons managed to

                   escape. On search, one country made pistol, mobile phone, one

                   live cartridge, one empty cartridge and two motorcycles were
           Patna High Court CR. MISC. No.2639 of 2026(2) dt.27-01-2026
                                                       2/2




                     recovered.

                                 4. Learned counsel for the petitioner submitted that the

                     petitioner has falsely been implicated in the present case. No

                     incriminating article has been recovered from the conscious

                     possession of the petitioner. Learned counsel further submitted that

                     petitioner has got no concern with the motorcycle. Charge-sheet

                     has been submitted in this case. It has been submitted on behalf of

                     the petitioner that the petitioner is in custody since 19.07.2025 and

                     has no criminal antecedent. There is no compliance of Section 103

                     of Bharatiya Nagarik Suraksha Sanhita, 2023.

                                 5. Learned A.P.P. for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                     the case, also the period of custody undergone by the petitioner,

                     this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Pratapganj P.S. Case

                     No. 151 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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