Patna High Court
Pankaj Kumar Ray @ Sonu NigamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Pankaj Kumar Ray, sought regular bail in a case registered under sections 379 and 411 of the Indian Penal Code, alleging that he was falsely implicated. The prosecution alleged recovery of a loaded pistol, a motorcycle and a mobile phone from his possession. The petitioner claimed innocence, highlighted that he had been in custody since 29‑12‑2023, and pointed out that a co‑accused in the same case had been granted bail earlier. The State opposed the bail application. Considering the length of custody, the petitioner’s claim of innocence, and the precedent of bail to the co‑accused, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear at the police station monthly.
Issues considered
- Whether bail should be granted to the petitioner in a case under sections 379 and 411 of the IPC given the nature of the alleged offences and the period of custody.
- Whether the petitioner’s claim of false implication and the prior grant of bail to a co‑accused warrant the release on bail.
Legislation cited
- Indian Penal Code — s. 379, 411
Subjects
- bail
- IPC 379
- IPC 411
- criminal antecedent
- arms seizure
- police custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56294 of 2025
Arising Out of PS. Case No.-127 Year-2023 Thana- PUSA District- Samastipur
======================================================
Pankaj Kumar Ray @ Sonu Nigam S/O Late Khageshwar Ray Resident of
Village - Bishanpur Bathua, P.S.- Pusa, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Mishra, Adv
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Pusa
P.S.Case No 127 of 2023 registered for the offence punishable
under sections 379 and 411 of the Indian Penal Code.
3. Earlier the prayer for bail of the petitioner was
rejected.
4. As per the prosecution case, there has been
recovery of one country made pistol loaded with one live
cartridge, motorcycle and one mobile from the possession of the
petitioner.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner has no concern with the alleged arms and
Patna High Court CR. MISC. No.56294 of 2025(4) dt.10-02-2026
2/3
cartridges, which were seized by the police. The petitioner is in
custody since 29.12.2023 and he has ten criminal antecedent in
which he is on bail in eight cases. Similarly situated other co-
accused has already been granted bail by this Court vide order
dated 09. 04.2024 passed in Cr. Misc. No. 27119 of 2024.
6. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
7. Considering the period of custody, this application
is allowed.
8. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- ( ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below/ concerned Court in connection with Pusa
P.S.Case No. 127 of 2023.
9. The petitioner will also mark attendance in Pusa
Police Station on the first Sunday of each month. Any default in
appearance at the police Station would result in cancellation of
bail bonds of the petitioner and one of the bailors shall be the
close relative of the petitioner.
(Sandeep Kumar, J)
N.K/-
U
Patna High Court CR. MISC. No.56294 of 2025(4) dt.10-02-2026
3/3
Checking your session…