Patna High Court
Pawan Kumar @ Pawan Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners subject to bond, sureties and conditions under Section 482(2) of the Bihar Negotiable Sale Act.
Summary
The petitioners, four residents of Nizampur village, applied for anticipatory bail in a case registered under multiple sections of the Bihar Negotiable Sale Act and Section 27 of the Arms Act, alleging they were falsely implicated in a land‑dispute incident where firing was reported. The informant claimed that on 6 February 2025 the petitioners, along with others, attempted to stop construction work and opened fire, prompting a police report. The petitioners argued that the allegations were vague, no injuries occurred, and they had a precedent of bail being granted to a co‑accused in a similar case. The State opposed the bail, but the court, considering the submissions and the condition that the petitioners cooperate with the investigation, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and compliance with Section 482(2) of the Bihar Negotiable Sale Act. The order also empowered the trial court to cancel the bail if the petitioners fail to cooperate.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the offences alleged under the Bihar Negotiable Sale Act and the Arms Act.
- Whether the allegations of firing and land‑dispute constitute a serious offence warranting denial of bail.
- Whether the petitioners are likely to abscond or tamper with evidence.
- Whether the conditions imposed under Section 482(2) are appropriate.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Sale Act — s. 109, 126(2), 190, 191(2), 191(3), 329(3), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- land dispute
- firing
- false implication
- Section 27 Arms Act
- Section 482 CrPC
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36995 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- DIDARGANJ District- Patna
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1. Pawan Kumar @ Pawan Kumar Rai S/o Late Rameswar Singh R/o Village -
Nizampur, P.S - Didarganj, District - Patna
2. Abhishek Kumar @ Abhishek Rai S/o Pawan Kumar @ Pawan Kumar Rai
R/o Village - Nizampur, P.S - Didarganj, District - Patna
3. Vir Kumar @ Bhura @ Bhura Rai S/o Pawan Kumar @ Pawan Kumar Rai
R/o Village - Nizampur, P.S - Didarganj, District - Patna
4. Vivek Kumar @ Vivek Rai S/o Rambabu Rai R/o Village - Nizampur, P.S -
Didarganj, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-06-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 109, 329(3), 352, 351(2)
of the B.N.S and Section 27 of Arms Act.
3. The learned counsel for the petitioners submits that
the petitioner has antecedent of two cases and the informant
alleges that on 06.02.2025 at about 3:00 PM, he was mapping
his land and was putting pillars on the plot when fifteen named
Patna High Court CR. MISC. No.36995 of 2026(2) dt.15-06-2026
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accused persons including the petitioners along with ten
unknown accused came at the plot and tried to stop the
construction work, on objection they started firing, accordingly
the police was informed when the accused fled.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant on account of dispute relating to land. It is next
submitted that allegation of firing is general and omnibus in
nature. It is further submitted that even presuming what has
been alleged is true without admitting, then no one was injured
in firing. It is also submitted that similarly situated co-accused
Munna Kumar @ Munna Rai was granted the privilege of
anticipatory bail by an order dated 24.12.2025 in Criminal
Miscellaneous No.85259 of 2025 by a learned Coordinate
Bench. It is next submitted if privilege of bail is granted to the
petitioners, the petitioners will not abscond rather will cooperate
in the investigation to prove their innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.36995 of 2026(2) dt.15-06-2026
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within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Didarganj P. S. Case No. 48 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioners, despite
giving assurance to this Court, are not cooperating in the
investigation or are not presenting themselves as and when
required, the learned trial Court shall be at liberty to cancel the
bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
(Satyavrat Verma, J)
vikash/-
U T
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