Patna High Court
Pawan Kumar Singh @ Pawan Kumar @ Pawan SinghversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The court denied bail to the petitioner.
Summary
Pawan Kumar Singh was charged with murder, criminal conspiracy and unlawful use of arms under Sections 302, 120B, 34 of the IPC and Section 27 of the Arms Act. He applied for bail, claiming he was falsely implicated and that witnesses did not support the prosecution, emphasizing his status as a Railway Protection Force employee and alleging a village rivalry motive. The State opposed bail, highlighting specific allegations of his involvement in the shooting and his six prior criminal convictions. The court noted that eight non‑official witnesses had already been examined and two remained, indicating the trial was at an advanced stage. Consequently, the court refused bail, directing the trial court to complete the proceedings expeditiously.
Issues considered
- Whether bail can be granted at an advanced stage of trial for serious offences including murder and arms offences
- Whether the petitioner’s claim of false implication and lack of witness support warrants bail
- Impact of the petitioner’s prior criminal antecedents on the bail decision
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- arms act
- trial stage
- prior convictions
- government employee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70403 of 2025
Arising Out of PS. Case No.-21 Year-2019 Thana- TIKAPATTI District- Purnia
======================================================
Pawan Kumar Singh @ Pawan Kumar @ Pawan Singh S/o Late Gyanchand
Singh Resident of Village - Sapaha, P.S - Tikapatti, District Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 27-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 302, 120 B and 34 of the IPC and
Section 27 of the Arms Act..
3. As per the prosecution case, petitioner is alleged to have
fired shot on the rib cage of the informant’s husband as a result of
which he sustained firearm injury and fell down from the motorcycle.
In the meantime, co-accused Pahari Singh also fired upon him.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case. However,
the witnesses do not support the case of the prosecution and the
petitioner is a government employee posted in the Railway
Protection Force and has been implicated in the case on account of
village rivalry.
5. Learned APP for the State opposed the bail petition on
Patna High Court CR. MISC. No.70403 of 2025(5) dt.27-02-2026
2/2
the ground that there are specific allegations against the petitioner
and he also has six criminal antecedents.
6. A report dated 17.02.2026 with regard to the stage of
the case has been called for which indicates that eight non-official
witnesses have already been examined and the case is only pending
for examination of two witnesses.
7. As such, this Court is not inclined to grant bail to the
petitioner at such an advance stage of the trial.
8. Accordingly, the prayer for bail is rejected.
9. However, the learned trial court is directed to conclude
the trial expeditiously within a reasonable period of time.
(Soni Shrivastava, J)
vashudha/-
U T
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