Patna High Court
Pankaj Kumar @ Pankaj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Pankaj Kumar, was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act in connection with a shooting incident that injured two persons. An earlier application for anticipatory bail had been rejected by the same court. The prosecution alleged that the accused assailants opened fire on Vishal Singh, also injuring Gulab Hussain. The petitioner contended that he was falsely implicated based solely on a co‑accused’s confessional statement, that no incriminating material was found on him, and that the specific firing was attributed to another accused, Suresh Kumar, from whose possession a pistol and cartridges were recovered. The court noted the petitioner’s lack of prior criminal record and the prolonged custody since October 2025. Considering parity with the co‑accused who had been granted bail and the absence of concrete evidence against the petitioner, the court inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- What is the appropriateness of granting bail to the petitioner despite the earlier rejection of anticipatory bail?
- Whether the petitioner’s alleged involvement, based only on a co‑accused’s confession, warrants continued detention under the charged offences.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 118(2), 3(5), 61(2)
Subjects
- bail
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- co‑accused confession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4069 of 2026
Arising Out of PS. Case No.-744 Year-2024 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Pankaj Kumar @ Pankaj Singh Son of Janardhan Singh Resident of Village -
Dharnihatta, Police Station - Uchkagaon, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Gopalganj
Town P.S. Case No. 744 of 2024, instituted for the offences
punishable under Sections 118(2), 109, 118(1), 61(2) & 3(5) of
the Bharatiya Nyaya Sanhita, 2023 read with Sections 25(1-B)
(a), 26, 27 and 35 of the Arms Act. Earlier vide order dated
11.09.2025, passed in Cr. Misc. No. 43917 of 2025, anticipatory
bail of the petitioner was rejected by this Court.
3. The prosecution case, in short, is that some assailants
surrounded the prisoner – Vishal Singh and fired upon him. It is
further alleged that in course of firing, the injured, namely,
Gulab Hussain was also shot by the miscreants.
Patna High Court CR. MISC. No.4069 of 2026(2) dt.28-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner was not apprehended from the spot
and his name has surfaced in this case on the basis of the
confessional statement of the co-accused. As per self-
confessional statement, the allegation of opening firing is upon
Suresh Kumar. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. No specific allegation has been
attributed against the petitioner rather the same is general and
omnibus in nature. It is further submitted that specific allegation
of firing is against co-accused, namely, Suresh Kumar from
whose possession, the police has recovered one country made
pistol along with eight live cartridges. The petitioner is in
custody since 15.10.2025 and has got no criminal antecedent.
He further submits that the co-accused has already been granted
bail by this Court vide order dated 19.09.2025 passed in Cr.
Misc. No. 50956 of 2025.
5. Learned APP for the State has vehemently opposed the
prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, claim based on parity and taking into account the
Patna High Court CR. MISC. No.4069 of 2026(2) dt.28-01-2026
3/3
period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Gopalganj P.S. Case
No. 744 of 2024.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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