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Patna High Court

Pawan Rai @ Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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