Created by Fuzzy Cloud

Patna High Court

Chanki Pandey @ Mritunjay Pandey @ Mirtunjay PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.