Patna High Court
NARENDRA PANDEY @ NARAD PANDEYversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The bail application was denied.
Summary
The petitioner, Narendra Pandey, was arrested on 18 August 2025 in connection with FIR No. 256 of 2025 alleging that he fired upon a victim, resulting in death. He sought bail, claiming a clean antecedent and that the allegations were fabricated, while the State contended that a confession was recorded, multiple witnesses corroborated the prosecution's case, and the post‑mortem report supported the charge. The offences charged include Sections 103(1), 351(2), 352, 3(5), 61(2) of the B.N.S., 2023 and Section 27 of the Arms Act. The Court examined the specific allegation of firing, the recorded confession, and the medical evidence, and found them sufficient to justify denial of bail. Consequently, the Court refused the bail application.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and the existence of a recorded confession and supporting medical evidence.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5), 351(2), 352, 61(2)
Subjects
- bail
- confession
- post‑mortem evidence
- Arms Act
- serious offences
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4167 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
NARENDRA PANDEY @ NARAD PANDEY Son of Late Bachu Pandey
Resident of Village - Chhotaka Mor (Khurd), Police Station - Sasaram
Muffasil in the district of Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the State : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 09-04-2026 Heard Mr. Sunil Kumar, learned counsel for the
petitioner and Mr. Umanath Mishra, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
18.08.2025, in connection with Sasaram Muffasil P.S. Case No.
256 of 2025, F.I.R. dated 30.07.2025 registered for the offences
punishable under Sections 103(1), 351(2), 352, 3(5), 61(2) of
the B.N.S., 2023 and Section 27 of the Arms Act.
3. Allegation against the petitioner is that he has
fired upon the victim due to which he died.
4. Learned counsel for the petitioner submits that
the petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.4167 of 2026(4) dt.09-04-2026
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petitioner has not committed any offence as alleged in the F.I.R.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that from perusal of the F.I.R. it appears that there is
specific allegation of firing attributed against the petitioner and
apart from that the petitioner has also confessed his guilt which
was recorded in paragraph-59 of the case diary as well as a
number of witnesses have supported the case of the prosecution
and medical evidence (postmortem report) also supports the
allegation as alleged in the F.I.R.
6. Considering the aforesaid facts and circumstances
of the case and there is direct and specific allegation against the
petitioner that he has fired upon the victim and the medical
report also supports the same, I am not inclined to enlarge the
petitioner on bail in connection with Sasaram Muffasil P.S.
Case No. 256 of 2025 pending in the Court of learned Chief
Judicial Magistrate, Rohtas at Sasaram.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
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