Patna High Court
Chanki Pandey @ Mritunjay Pandey @ Mirtunjay PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Chanki Pandey was arrested on 22 February 2026 in connection with a FIR dated 21 February 2026 alleging offences under Sections 111(2)(b) and 111(4) of the Bharatiya Nyay Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution claimed he participated in illegal activities at R.K. jewellery shop, but no incriminating articles were recovered from him, only a mobile phone, and he was said to be present at the scene. The petitioner contended his innocence, arguing that he was implicated merely for being present and that prior co‑accused possessed the seized arms. The State highlighted nine prior criminal antecedents, though the petitioner was already on bail for those matters. The court, considering the lack of direct evidence and the petitioner’s bail status in other cases, granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the Bharatiya Nyay Sanhita and the Arms Act
- Whether the petitioner’s prior criminal antecedents preclude bail
- Whether mere presence at the scene justifies continued detention
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyay Sanhita, 2023 — s. 111(2)(b), 111(4)
Subjects
- bail
- criminal antecedents
- Arms Act
- Bharatiya Nyay Sanhita
- presence at scene
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42672 of 2026
Arising Out of PS. Case No.-192 Year-2026 Thana- MAJHAULIA District- West Champaran
======================================================
Chanki Pandey @ Mritunjay Pandey @ Mirtunjay Pandey S/O Nand Lal
Pandey @ Om Prakash Pandey R/O Village- Chailabhar, Police Station-
Majhauliya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr. Brij Kishor Mishra, learned counsel for
the petitioner as well as Mr. Ram Sevak Choudhary, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.02.2026 in connection with Majhauliya P.S. Case No. 192 of
2026, F.I.R. dated 21.02.2026 for the offences punishable under
Sections 111(2), (b), 111(4) of the Bharatiya Nyay Sanhita, 2023
and Sections 25(1-B)(a), 26, 35 of the Arms Act.
3. According to prosecution case, it is alleged that the
petitioner along with other accused persons were involved in
illegal activities at R.K jewellery shop.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.42672 of 2026(2) dt.06-07-2026
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present case. It appears from the FIR that no incriminating
articles have been recovered from the possession of the
petitioner. From bare perusal of the seizure list it suggest that
only one mobile phone was recovered from the possession of
the petitioner and arms and other articles have been recovered
from the possession of other co-accused persons. He next
submits that petitioner has been made accused merely on the
ground that he was present at the place of occurrence along with
the co-accused persons. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 22.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner on the ground that petitioner carries nine criminal
antecedents other than the present one but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
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 the learned Chief
Judicial Magistrate, Bettiah, West Champaran in connection
Patna High Court CR. MISC. No.42672 of 2026(2) dt.06-07-2026
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with Majhauliya P.S. Case No. 192 of 2026, subject to 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 absence on two consecutive dates without sufficient
reason, his 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
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)
Suruchi/-
U T
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