Patna High Court
Pankaj SinghversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused bail to the petitioner.
Summary
Petitioner Pankak Singh was arrested in February 2022 for alleged murder of his wife under Section 302 IPC and for offences under Sections 25(1‑B)a, 26 and 27 of the Arms Act. The FIR records that the victim’s father saw the petitioner confess to shooting his wife and a country‑made pistol was seized. The petitioner’s counsel argued that the FIR is fabricated, he has a clean record and should be released on bail. The prosecution opposed bail, emphasizing the confession, medical evidence and the seriousness of the charges. The High Court, noting the specific allegations, the medical proof and the petitioner’s own confession, refused bail and directed the trial court to expedite the trial.
Issues considered
- Whether bail can be granted in a murder case (Section 302 IPC) when the accused has allegedly confessed and medical evidence supports the prosecution
- Whether the presence of arms‑related charges under the Arms Act affects the bail decision
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27
- Indian Penal Code — s. 302
Subjects
- bail
- murder
- confession
- Arms Act
- Criminal Procedure Code
- non‑bailable offence
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66835 of 2025
Arising Out of PS. Case No.-26 Year-2022 Thana- NAUHATTA District- Rohtas
======================================================
Pankaj Singh Son of Rajeshwar singh R/o Village - Tipa , P.S. - Nauhatta,
District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
: Ms. Suchitra, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
7 28-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.02.2022 in connection with Nauhatta P.S. Case No. 26 of
2022 for the offences punishable under Section 302 of the
Indian Penal Code and Section 25(1-B)a, 26 and 27 of the Arms
Act.
3. The case of the prosecution, in brief, is that on
18/2/2022 at around 5.30 A.M the informant was in Nauhatta
Bazar, the Son of the informant accused Pankaj Singh
(petitioner) gave information to the informant that he shot his
wife. On aforesaid information, the informant came to his house
and he saw that his daughter-in-law Jyoti Singh was lying dead
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on her bed and the blood was oozing out from her head. The son
of the informant accused Pankaj Singh (petitioner) was standing
there. He was saying that he shot his wife.
The informant has further alleged that his son accused Pankaj
Singh (petitioner) was holding country made katta in his hand.
The nephew of the informant Bijendra Singh snatched country
made katta from the house of the son of the informant accused
Pankaj Singh (petitioner) and thereafter he kept the aforesaid
country made katta there. He confined accused Pankaj Singh in
the same room. The information was given to the police, upon
which police officer of Nauhatta Police Station came and he
apprehended accused Pankaj Singh (petitioner) and also seized
pistol from the bed. The informant has full faith that his son
accused Pankaj Singh (petitioner) shot dead his daughter-in-law
Jyoti Singh.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It is next submitted that informant is father
of the petitioner and as per the allegation in the FIR the
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informant has informed the police that his son (petitioner) has
informed that he has shot fire upon his wife and one country-
made pistol was also recovered from the possession of the
petitioner. It is next submitted that from perusal of the allegation
as alleged in the FIR it appears that there is direct and specific
allegation against the petitioner and after that the petitioner has
also confessed his guilt and stated that he has committed murder
of his wife and witnesses have also supported the case of the
prosecution and apart from that the medical evidence also
supports the allegation as alleged in the FIR.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner.
6. Considering the facts and circumstances of the case
that there is direct and specific allegation against the petitioner
supported by the medical evidence and the petitioner himself
has confessed his guilt, I am not inclined to enlarge the
petitioner on bail in connection with Nauhatta P.S. Case No. 26
of 2022 pending in the court of learned 14 th Additional Sessions
Judge, Rohtas at Sasaram.
7. Prayer is refused.
8. However, the learned trial court is directed to
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expedite and conclude the trial.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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