Patna High Court
Pawan Rai @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and sureties, as the suspicion alone did not warrant denial.
Summary
The petitioner, Pawan Rai, was named in an FIR for alleged violation of Sections 25(1‑B)(a), 26 and 35 of the Arms Act, accused of supplying a country‑made pistol to co‑accused Ranjeet Ram. The petitioner sought anticipatory bail, arguing that the pistol was without live cartridges and that the only basis for his implication was the co‑accused’s disclosure, amounting to mere suspicion. The State opposed the bail, contending that the petitioner had a prior criminal case. The Court examined whether the suspicion disclosed by the co‑accused sufficed to justify denial of anticipatory bail and considered the statutory provisions governing such bail. Finding that the material against the petitioner was insufficient and that the suspicion did not meet the threshold for denial, the Court ordered anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the only material against the accused is the co‑accused’s disclosure and mere suspicion.
- Whether the provisions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. justify denial of anticipatory bail in the present facts.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Arms Act
- suspicion
- bail bond
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31482 of 2026
Arising Out of PS. Case No.-392 Year-2025 Thana- PATAHI District- East Champaran
======================================================
Pawan Rai @ Pawan Kumar Son of Lalbabu Ray @ Lal Babu Rai @ Lal Ray
Resident of Village- Gonahi, Police Station- Patahi,District- East Champaran
at Motihari.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Patahi P.S. Case No.
392 of 2025 registered for the offences punishable under
Sections 25(1-B)(a), 26, 35 of the Arms Act.
3. As per F.I.R., petitioner alleged to supply the country-
made pistol to the apprehended co-accused person, namely,
Ranjeet Ram.
4. Learned counsel appearing on behalf of the petitioner
submitted that the petitioner implicated with the present crime
in question on the basis of disclosure made by apprehended co-
accused, namely, Ranjeet Ram. It is submitted that said country-
made pistol was without any live cartridge. It is pointed out that
save and except suspicion nothing incriminating materials
Patna High Court CR. MISC. No.31482 of 2026(2) dt.14-05-2026
2/2
available against this petitioner. Explaining criminal antecedent,
it is submitted that prior to this case, petitioner was found
involved in one more criminal case of petty nature, which is
related with excise matters, wherein, he is on bail.
Learned A.P.P. for the State opposes the anticipatory bail
of the petitioner.
In view of the aforesaid factual submissions and by
taking note of the fact as the name of petitioner transpired in the
present case prima facie on the basis of suspicion arising out of
disclosure made by apprehended co-accused person,
accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this order, is
directed to be enlarged on bail on furnishing of bail bond of
Rs.10,000/- (ten thousand only) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran at Motihari/concerned court in
connection with Patahi P.S. Case No. 392 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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