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Patna High Court

Pachan @ Brindanand @ Brindanand KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court declined to grant bail and dismissed the petitioner's bail application.

Summary

The petitioner, Pachan (also known as Brindanand), was charged under Sections 109 and 3(5) of the B.N.S. and Section 27 of the Arms Act for allegedly firing at a victim and causing a firearm injury to the neck. He applied for regular bail, claiming he was falsely implicated and noting that he has two prior criminal cases for which he is already out on bail, and that he has been in custody since 08-04-2026. The State, represented by the Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the offence. The Court, after hearing both sides, held that given the gravity of the charges and the petitioner’s antecedents, bail could not be granted. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences under the B.N.S. and Arms Act
  • Whether the petitioner’s claim of false implication and prior criminal antecedents affect the bail decision

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • false implication
  • prior criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42318 of 2026
                    Arising Out of PS. Case No.-34 Year-2026 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Pachan @ Brindanand @ Brindanand Kumar S/O Brijnandan Singh @
                 Brijbihari Singh @ Brijnandan Yadav Resident of Village - Kanai , Police
                 Station - Charpokhari, District - Bhojpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Charpokhari P.S. Case No. 34/2026 registered for the offences

                   punishable under Sections 109, 3(5) of B.N.S. and Section 27

                   of Arms Act.

                                3. As per the prosecution case, petitioner and others

                   are said to have fired upon the victim causing fire-arm injury on

                   the neck.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. The name of

                   the petitioner has surfaced during investigation. Learned counsel

                   further submits that he has two criminal antecedents in which he
              Patna High Court CR. MISC. No.42318 of 2026(2) dt.29-06-2026
                                                          2/2




                        is on bail and he is in custody since 08.04.2026. The petitioner

                        undertakes to co-operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the gravity of the offence, this Court is

                        not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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