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Patna High Court

Pankaj Kumar @ Pankaj PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Regular bail was granted to the petitioner.

Summary

Pankaj Kumar Paswan was implicated in a murder case (Sections 302, 120(B) and 34 IPC and Section 27 Arms Act) based solely on confessional statements of co‑accused, as his name does not appear in the FIR. He applied for regular bail, arguing innocence and that similar co‑accused had been granted bail in earlier cases. The State opposed the bail. The Court examined the FIR, the impugned order of the Sessions Judge, and the precedent of bail being granted to similarly situated accused in Cr. Misc. Nos. 54066 of 2022 and 55007 of 2022. Considering the lack of direct evidence against the petitioner and the earlier bail orders, the Court inclined to grant regular bail. Accordingly, the petitioner was released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether a person implicated only through co‑accused confessional statements is entitled to regular bail under Sections 302, 120(B), 34 IPC and Section 27 Arms Act.

Legislation cited

Subjects

  • regular bail
  • murder
  • conspiracy
  • arms act
  • confessional statement
  • co‑accused
  • Indian Penal Code
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35074 of 2026
                       Arising Out of PS. Case No.-686 Year-2021 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Pankaj Kumar @ Pankaj Paswan, male aged about 45 years, Son of Shaligram
                 Paswan Resident of Village- Nawada Ps- Sherghati District -Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   21-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                2. The petitioner seeks regular bail in connection with

                   Sessions Case no. 1252 of 2023 arising out of Sherghati P.S.

                   Case No. 686 of 2021, instituted for the offences punishable

                   under Sections 302, 120(B) and 34 of the of the Indian Penal

                   Code and Section 27 of the Arms Act.

                                3. As per allegation in the FIR, some unknown

                   culprits murdered the informant’s husband by means of fire arm.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case. He submits that petitioner is

                   not named in the FIR and his name transpired in this case only

                   on the basis of confessional statement of named co-accused. He
Patna High Court CR. MISC. No.35074 of 2026(2) dt.21-05-2026
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          further submits that similarly situated co-accused persons have

          been granted regular bail by a Bench of this Court in Cr. Misc.

          Nos. 54066 of 2022 and 55007 of 2022 vide order dated

          17.01.2023. Petitioner is in custody since 01.04.2022.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                       6. From perusal of the FIR and impugned order of the

          learned District and Additional Sessions Judge-III, Sherghati,

          Gaya Ji, dated 06.02.2026, it appears that on the basis of written

          report of the informant, FIR has been registered under Sections

          302, 120(B) and 34 of the of the Indian Penal Code and Section

          27 of the Arms Act against three FIR named co-accused

          persons. From perusal of the impugned order, it appears that on

          the basis of confessional statement of three FIR named co-

          accused persons who disclosed the name of the petitioner.

          Similarly situated co-accused persons namely Aramanullah

          Khan @ Arman Khan @ Fotu Khan @ Foto Khan and Zisan

          Rahman @ Md. Zisan Rahman have been granted regular bail

          by a Bench of this Court in Cr. Misc. Nos. 54066 of 2022 and

          55007 of 2022 vide order dated 17.01.2023, so considering all

          the aspects of the case and submission of learned counsel for

          the petitioner, I am inclined to grant regular bail to the above
            Patna High Court CR. MISC. No.35074 of 2026(2) dt.21-05-2026
                                                        3/3




                      named petitioner.

                                   7. Accordingly, the prayer for regular bail of the

                      above named petitioner is allowed. Let the petitioner above

                      named be released on regular bail on furnishing bail bonds of

                      Rs. 10,000/- (Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned District and

                      Additional Sessions Judge-III, Sherghati, Gaya Ji in connection

                      with Sherghati P.S. Case No. 686 of 2021.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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