Patna High Court
Abhay PanjiyaraversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court denied the petitioner's bail application.
Summary
The petitioner, Abhay Panjiyara, was arrested in connection with a 2016 case involving alleged shootings that resulted in one death and injuries to another. He faces charges under IPC sections 147, 148, 149, 302 and 307, the Arms Act (Sec. 27) and the Explosive Substances Act (Secs. 3 and 4). The petitioner argued that he was falsely implicated, claiming he was merely present at the scene and that the informant, an agnate with whom he has a land dispute, fabricated the allegations. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedent cases, including two prior IPC 302 convictions, and the risk of absconding. After hearing both sides, the Court declined to grant regular bail, directing that the petitioner may reapply after charge framing.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his antecedent criminal record.
- Whether the petitioner’s claim of false implication and mere presence at the scene warrants bail.
- Whether there is a risk of the petitioner absconding if bail is granted.
Legislation cited
- Arms Act — s. 27
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 147, 148, 149, 302, 307
Subjects
- bail
- IPC
- Arms Act
- Explosive Substances Act
- serious offences
- antecedent conviction
- false implication
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63939 of 2025
Arising Out of PS. Case No.-474 Year-2016 Thana- AMARPUR District- Banka
======================================================
Abhay Panjiyara S/o Sudhir Panjiyara R/o Village- Nagardih, P.S.- Amarpur
(Fullidumar), District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Ms. Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 147, 148, 149, 302 and 307
of the Indian Penal Code, Section 27 of the Arms Act as well as
Sections 3 and 4 of the Explosive Substances Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and is in custody since
07.06.2025. It is further submitted that the informant alleges that
petitioner along with named accused persons surrounded his
house and Jagdambi Panjiyar shot the cousin of the informant
who died at the spot and Julmi Panjiyar shot the informant on
hand who sustained two bullet injuries.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.63939 of 2025(3) dt.25-02-2026
2/2
informant. It is further submitted that petitioner and the
informant are agnates and they are having dispute relating to
land. It is next submitted that from perusal of the allegation as
alleged in the FIR, it would manifest that petitioner is not
alleged to have fired rather was present at the place of
occurrence.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner and submits that if privilege of
regular bail is granted to the petitioner, the petitioner may
abscond as he has antecedent of two cases under Section 302 of
the Indian Penal Code.
6. After hearing the learned counsel for the parties,
the Court is not inclined to release the petitioner on bail in
connection with Amarpur (Fullidumar) P.S. Case No. 474 of
2016 pending in the Court of learned 1st Additional Chief
Judicial Magistrate, Banka/Successor Court.
7. Hence, the prayer for bail is rejected.
8. However, the petitioner would be at liberty to
renew his prayer for bail after framing of charge.
(Satyavrat Verma, J)
Kundan/-
U T
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