Patna High Court
Anil PanjiyaraversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail could not be granted to the petitioners.
Summary
The petitioners, Anil Panjiyara and Nawal Kishor Panjiyara, applied for bail in two criminal miscellaneous proceedings arising from the same 2016 police case (PS No.357, Amarpur). The FIR alleges that they, along with others, shot the informant’s father‑in‑law, leading to his death, and they are charged under IPC sections 147, 148, 149, 341, 323, 302, 506 and Section 27 of the Arms Act. The petitioners contend that they have been falsely implicated, point to the earlier grant of bail to a co‑accused, and assure cooperation with the trial. The State opposed bail, emphasizing the direct allegation of firing, the petitioners’ late surrender in 2025 causing delay, and their criminal antecedents. After weighing the serious nature of the accusations and the procedural delay, the Court declined to grant bail, dismissing the applications.
Issues considered
- Whether bail should be granted to the petitioners despite serious charges under the IPC and Arms Act
- Whether the delay caused by the petitioners' late surrender warrants denial of bail
- Whether the petitioners' claim of false implication affects the bail decision
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 323, 341, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- serious offences
- procedural delay
- false implication
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69702 of 2025
Arising Out of PS. Case No.-357 Year-2016 Thana- AMARPUR District- Banka
======================================================
Anil Panjiyara S/o Late Mahendra Panjiyara R/o Village- Nagardih, P.S.-
Amarpur (Fullidumar), District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 71598 of 2025
Arising Out of PS. Case No.-357 Year-2016 Thana- AMARPUR District- Banka
======================================================
Nawal Kishor @ Nabal Panjiyara S/o Late Mahendra Panjiyar R/o Village-
Nagar Dih, P.S.- Amarpur in the district of Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 69702 of 2025)
For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari, Adv.
Mr.Ravi Prakash Dwivedi, Adv.
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
(In CRIMINAL MISCELLANEOUS No. 71598 of 2025)
For the Petitioner/s : Mr.Sunil Kumar, Adv.
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 16-02-2026 Both the cases are being heard together as they are
arising out of same P.S. Case, being Amarpur P.S. Case No.357
of 2016.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. A prayer for bail has been made on behalf of the
Patna High Court CR. MISC. No.69702 of 2025(4) dt.16-02-2026
2/3
petitioners in connection with Amarpur P.S. Case no.357 of
2016 registered under sections 147, 148, 149, 341, 323, 302,
506 of Indian Penal Code and Section 27 of the Arms Act.
4. Allegation in the F.I.R. is that the petitioners along
with others shot the father-in-law of the informant, causing him
to succumb to his injuries.
5. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the case on account
of pending criminal case with regard to murder of petitioner’s
father. It has also been submitted that 21 persons have been
named in the F.I.R and co-accused Dilip Panjiyara has been
granted bail by a co-ordinate Bench of this Court vide order
dated 18.04.2019 passed in Cr. Misc. No. 79268 of 2018 with
almost similar allegations (Annexure-P/2). The petitioner nos. 1
and 2 are in custody since 14.02.2025 and 17.05.2025
respectively and undertake to cooperate in the case/trial.
6. The application for bail is opposed by learned
A.P.P. for the State on the ground that there is a direct allegation
against the petitioners of firing upon the deceased. Since the
case is of the year 2016, the petitioners have already delayed the
proceedings by their late surrender in the year 2025.
7. Taking into consideration the rival contention of the
Patna High Court CR. MISC. No.69702 of 2025(4) dt.16-02-2026
3/3
parties and also considering the fact that there are serious
allegations of opening firing against the petitioners coupled with
the fact that enough delay has been caused on account of late
surrender of these petitioners and also they have chequered
history of criminal antecedents, this Court is not inclined to
grant bail to the petitioners and the applications are rejected.
(Soni Shrivastava, J)
Harsh/-
U T
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