Patna High Court
Pawan Kumar Pandey @ Pawan PandeyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 118(2), 127(2), 137(2), 351(3), 352, 70(2)
- Information Technology Act — s. 67(B)
- Protection of Children from Sexual Offences (POCSO) Act — s. 6
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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