Patna High Court
Pawan Kumar Singh @ BabaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Pawan Kumar Singh applied for regular bail in a case where he is alleged to have ordered Ranjan Kumar and Rajiv Kumar to assault the informant’s younger brother, with Ranjan also firing at him. The offences alleged include sections 126(2), 115(2), 109 and 3(5) of the B.N.S. and sections 25(1‑b)a, 26, 35 and 27 of the Arms Act. The petitioner contended that he did not personally commit any overt act and is innocent, having been in judicial custody since 2 October 2025. The State opposed bail, arguing that the petitioner was the order‑giver. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner, alleged to be the order‑giver in an assault and firing incident, is entitled to regular bail under the applicable provisions.
Legislation cited
Subjects
- regular bail
- order-giver
- assault
- firearm offence
- Arms Act
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5046 of 2026
Arising Out of PS. Case No.-1202 Year-2025 Thana- NAGAR District- Vaishali
======================================================
Pawan Kumar Singh @ Baba S/o Vishundeo Singh @ Vishundeo Prasad
Resident of Village- Bagmusa, P.S.- Hajipur Town, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
Mr. Mirza Ahraz Baig, Advocate
Mr. Nasar Iqbal, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126(2),
115(2), 109 and 3(5) of B.N.S. and Sections 25(1-b)a, 26, 35
and 27 of the Arms Act.
3. The case of the prosecution is that on the order of
this petitioner, one Ranjan Kumar and Rajiv Kumar have
assaulted the younger brother of the informant and Ranjan
Kumar has also fired at him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that there is no any
Patna High Court CR. MISC. No.5046 of 2026(2) dt.04-02-2026
2/2
specific overt act of firing and assaulting against this petitioner
rather co-accused Ranjan and Rajiv have assaulted the
informant’s younger brother. Moreover, the petitioner is
languishing in judicial custody since 02.10.2025
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer
of regular bail. Learned counsel for the informant has submitted
that petitioner is order-giver.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Hajipur Town P.S. Case No. 1202 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned District and A.S.J. II,
Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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