Patna High Court
Pankaj Kumar @ Pankaj PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
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
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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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