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Patna High Court

Pawan Kumar Pandey @ Pawan PandeyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted as the nature and gravity of the offences, coupled with prima facie material, warranted denial of bail.

Summary

Petitioner Pawan Kumar Pandey applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, along with provisions of the POCSO Act and the IT Act, alleging involvement in a gang rape. The State opposed the bail, asserting that prima facie material indicated the petitioner's participation in the serious offences. The court examined the gravity of the charges and the existence of prima facie evidence. Considering the nature of the alleged crimes and the seriousness of the offences, the court was not inclined to grant bail. Consequently, the bail application was rejected, with the court noting that its observations were limited to the bail application and would not affect the trial. The decision does not constitute a judgment on the merits of the case.

Issues considered

  • Whether regular bail can be granted to an accused of gang rape and related offences under the Bharatiya Nyaya Sanhita, POCSO Act and IT Act given the seriousness of the charges.
  • Whether the presence of prima facie material justifies denial of bail in such cases.

Legislation cited

Subjects

  • regular bail
  • gang rape
  • Bharatiya Nyaya Sanhita
  • POCSO Act
  • IT Act
  • prima facie evidence
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27651 of 2026
                      Arising Out of PS. Case No.-16 Year-2026 Thana- SAHAJITPUR District- Saran
                 ======================================================
                 Pawan Kumar Pandey @ Pawan Pandey S/o- Late Narayan Pandey Village-
                 Hafizpur PS-Sahajitpur Distt- Saran Chapra

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    YYYY W/o- Motilal Mahto R/v- Hafizpur Ps- Sahajitpur Dist- Saran
           3.    XXX D/o- Motilal Mahto and Prabha Devi R/v- Hafizpur Ps- Sahajitpur
                 Dist- Saran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Tiwary
                 For the Opposite Party/s :       Mr. Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sahajitpur P.S. Case No. 16 of 2026, registered for offences

                   under Sections 127(2), 118(2), 137(2), 70(2), 351(3), and 352 of

                   the Bharatiya Nyaya Sanhita, 2023, along with Section 6 of the

                   POCSO Act and Section 67(B) of the IT Act.

                                3. As per the prosecution case, the petitioner along

                   with others is accused of committing gang rape with the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 23.01.2026.
            Patna High Court CR. MISC. No.27651 of 2026(2) dt.28-04-2026
                                                        2/2




                                    5. Learned counsel for the State vehemently opposes

                      the bail application and submits that the allegations against the

                      petitioner are serious and grave in nature. It is contended that

                      there exists prima facie material against the petitioner indicating

                      his involvement in the commission of the offence.

                                    6. Considering the nature and the gravity of the

                      offence, this Court is not inclined to grant regular bail to the

                      petitioner.

                                    7. Accordingly, this application for regular bail stands

                      rejected.

                                    8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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