Patna High Court
Pankaj Kumar @ Pankaj Yadav @ Pankaj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Pankaj Kumar Yadav, was charged under sections 109 and 61(2) of the Bihar Narcotic Substances Act and section 27 of the Arms Act for allegedly arranging a shooting on an informant on 24‑10‑2024. The petitioner claimed innocence, arguing that the FIR named unknown miscreants and that only his confessional statement linked him to the crime. The State opposed regular bail, citing the confessional statement and the petitioner’s seven prior criminal cases. The court considered the lack of other incriminating material and the petitioner’s long custodial period since 07‑07‑2025. After weighing the circumstances, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation and presence at trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite a confessional statement implicating him.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the charges under sections 109, 61(2) of the Bihar Narcotic Substances Act and section 27 of the Arms Act preclude bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109, 61(2)
Subjects
- regular bail
- confessional statement
- criminal antecedent
- Arms Act
- Bihar Narcotic Substances Act
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78289 of 2025
Arising Out of PS. Case No.-701 Year-2024 Thana- ARA NAGAR District- Bhojpur
======================================================
Pankaj Kumar @ Pankaj Yadav @ Pankaj Kumar Yadav S/o Late Santosh
Yadav @ Santoshi Yadav R/O- Bhaluhipur. P.S.- Ara Town, District- Bhojpur
at Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 109 and
61(2) of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that on 24.10.2024 at
about 10:15 AM while the informant was proceeding towards
the shop of one Appu Singh on his scooty and had reached near
Birganj Barrier, three miscreants riding on a bike having
covered their face fired upon the informant resulting gun shot
injury. As the informant fell down from his scooty and attempted
to flee then all the miscreants allegedly fired at him causing
further firearm injuries.
Patna High Court CR. MISC. No.78289 of 2025(3) dt.28-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the FIR is against unknown miscreants and
in the last part of the FIR, it is alleged that at some distance,
Md. Shahnawaz Ahmad @ Jali Guddu, Md. Aasif, Md. Alamgir
and Md. Shahnawaz were doing raiki. Learned counsel for the
petitioner has submitted that petitioner was apprehended in Ara
Town P.S. Case No. 247 of 2025 and in that case, he has given
his confessional statement and in his confessional statement, he
has stated that he has arranged the killers. Learned counsel has
further submitted that save and except the confessional
statement of the petitioner, there is nothing against him. He has
also submitted that Md. Shahnawaz Ahmad, Md. Alamgir, Md.
Tanwir Akhtar and Ashif Mohammad have been granted
anticipatory bail by learned co-ordinate Bench of this Court vide
order dated 10.02.2025 passed in Cr. Misc. No. 87240 of 2024.
It has further been submitted that there is no any other legal
material against the petitioner except the criminal antecedent of
the petitioner. He is having criminal antecedent of seven cases.
Moreover, he is languishing in judicial custody since
07.07.2025.
Patna High Court CR. MISC. No.78289 of 2025(3) dt.28-01-2026
3/3
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Ara Town P.S. Case No. 701 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Bhojpur at Ara with condition that the petitioner shall
cooperate in trial and shall remain physically present on
each and every fixed date by the trial court till the
conclusion of the trial.
(Ashok Kumar Pandey, J)
Shubham/-
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