Patna High Court
Pawan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the petitioner is entitled to bail due to the absence of specific allegations, clean antecedent, and procedural irregularities in the FIR.
Summary
Pawan Kumar Singh was arrested on 11 March 2026 in connection with FIR No. 51 of 2026 alleging assault on the husband and son of an informant with sticks and an iron rod. The petitioner sought bail, arguing that the FIR was filed two days after the alleged incident without explanation and contained only a vague, omnibus allegation against him, constituting a counter‑blast to a related case. The State opposed bail, contending that the petitioner had intentionally assaulted the victims and caused grievous injuries. The Court noted the petitioner’s clean antecedent, the lack of specific allegations in the FIR, and the delay in filing, concluding that these factors warranted bail. Accordingly, the Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged in the FIR
- Whether the delay in filing the FIR and the lack of specific allegations justify granting bail
Legislation cited
- Bihar Negotiable (BNS) — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 76
Subjects
- bail
- assault
- FIR delay
- counter‑blast
- criminal antecedent
- general allegation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38855 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- PARBATTA District- Khagaria
======================================================
Pawan Kumar Singh S/o Madan Singh R/O Village- Aguani Panchayat,
Aguani (Eastern Tola),Ward No -12 ,P.S- Parbatta, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivekanand Singh, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
For the Informant : Mr. Saroj Kumar Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Mr.Vivekanand Singh, learned counsel for the
petitioner, Mr. Saroj Kumar Sharma, learned counsel for the
informant and Mr.Ganesh Prasad Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
11.03.2026 in connection with Parbatta P.S. Case No. 51 of
2026, F.I.R. dated 07.02.2026 registered for the offence
punishable under Sections 126(2), 115(2), 303(2), 76, 109(1),
352, 351(2), 351(3), 3(5) of BNS.
3. Allegation against the petitioner is the he assaulted
to the husband and son of the informant with sticks and iron rod.
4. Learned counsel appearing for the petitioner
submits that the present case is counter blast of Parbatta
P.S.Case No. 50 of 2026. Learned counsel for the petitioner
Patna High Court CR. MISC. No.38855 of 2026(2) dt.22-06-2026
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submits that from a bare perusal of the FIR it appears that the
date of occurrence as alleged in the FIR is 05.02.2026 but the
present FIR has been instituted on 07.02.2026 after delay of two
days without giving any explanation of delay afterthought only
to falsely implicate the petitioner in the present case. It appears
from the FIR that due to some petty dispute the present
occurrence has taken place. Although the petitioner is named in
the FIR but from a bare perusal of the FIR it appears that there
is no specific allegation of any assault or overt-act attributed
against the petitioner rather there is general and omnibus
allegation against the petitioner in the FIR. Although some of
the persons have received the injury which is grievous in nature
and some persons have received the injury which is simplein
nature and the police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in custody
since 11.03.2026.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, have vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner is named in the FIR, apart from that, the petitioner,
with wrong intention, has assaulted to the injured persons and
some of the injuries are grievous in nature.
Patna High Court CR. MISC. No.38855 of 2026(2) dt.22-06-2026
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6. Considering the aforesaid facts, petitioner has clean
antecedent, present case is counter blast of Parbatta P.S.Case
No. 50 of 2026 and there is no specific allegation against the
petitioner in the FIR rather there is general and omnibus
allegation, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M.-1st, Khagaria in connection with Parbatta P.S. Case
No. 51 of 2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.38855 of 2026(2) dt.22-06-2026
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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