Patna High Court
Pawan Kumar @ Pawan Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release on a bail bond of Rs.10,000 with two sureties.
Summary
Petitioner Pawan Kumar was arrested in connection with a case registered under sections 319(2), 304(2) and 308(4) of the B.N.S., alleging that he, posing as a police officer, forcibly seized a mobile phone and a bike and demanded Rs.20,000. The petitioner claimed innocence, stating he was apprehended on mere suspicion, had given a confessional statement, and that the seized items were recovered from him. He argued that the police failed to comply with Section 105 of the B.N.S.S. while preparing the seizure list and highlighted his clean criminal record and prolonged pre‑trial detention since 25‑09‑2025. The State opposed regular bail. After hearing both sides, the Patna High Court found the circumstances warranted release on bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Nalanda.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
- Whether the seizure of the mobile phone, bike and key complied with Section 105 of the B.N.S.S.
- Whether the petitioner’s prolonged pre‑trial custody and lack of prior criminal record justify bail.
Legislation cited
Subjects
- regular bail
- bail petition
- criminal procedure
- seizure
- Section 105
- pre‑trial detention
- no prior criminal record
- Police authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80751 of 2025
Arising Out of PS. Case No.-563 Year-2025 Thana- RAJGIR District- Nalanda
======================================================
Pawan Kumar @ Pawan Prasad Yadav Son of Baleshwar Yadav Resident of
Village- Lilabag Jethiyan, P.S.- Atri in the district of Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-01-2026 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 319(2),
304(2), 308(4) of B.N.S.
3. The case of the prosecution is that when the
informant has gone in a hotel with her fiance, one person
forcibly took his mobile and bike and demanded Rs. 20,000/-
posing himself as police.
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 he was
apprehended by the police on the basis of suspicion. He has also
given his confessional statement and on the basis of his
disclosure, mobile, bike and key of the bike were recovered.
Patna High Court CR. MISC. No.80751 of 2025(3) dt.21-01-2026
2/2
Nothing has been recovered from his possession. From perusal
of the seizure list, it will transpire that the witnesses are police
personnel. Police has not followed Section 105 of B.N.S.S.
while preparing seizure. It has also been submitted that this case
is triable my learned Magistrate. A statement has been made in
para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover,he is languishing in judicial custody since
25.09.2025.
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
Rajgir P.S. Case No. 563 of 2025 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,
Nalanda.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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