Patna High Court

Pawan Kumar Singh @ Pawan KumarversusThe State of Bihar

Decided: 31 March 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to prescribed conditions.

Summary

The petitioner, Pawan Kumar Singh, sought anticipatory bail after learning that he might be arrested in a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act. The prosecution alleged that on 19‑08‑2025 a co‑accused fired at the informant's son, causing injury, and the petitioner’s name surfaced only through confessional statements of other co‑accused, not the FIR. The petitioner asserted his innocence, clean antecedent, and that he was the informant’s son and the injured’s brother, with no direct evidence linking him to the crime. The State opposed the bail application. Considering the nature of the accusations, the petitioner’s relationship to the victim, and his clean record, the Court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the allegations under the Bharatiya Nyaya Sanhita and the Arms Act.
Whether the petitioner’s clean antecedent and lack of direct incriminating evidence justify bail.

Legislation cited

Arms Act — s. 27
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 118(2), 126(2), 3(5)

Subjects

anticipatory bail
criminal procedure
confessional statement
clean antecedent
Arms Act
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482(2)
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81092 of 2025
                       Arising Out of PS. Case No.-293 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
                 Pawan Kumar Singh @ Pawan Kumar S/O Mithlesh Singh R/O Village-
                 Gortara, P.S.- Obra, Distt.- Aurangabad

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Singh, Advocate
                 For the Opposite Party/s :        Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   31-03-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 115(2), 126(2), 109(1),

                   118(1), 118(2), 3(5) of the Bharatiya Nyaya Sanhita and Section

                   27 of the Arms Act.

                                3. As per the prosecution case, on 19.08.2025 when

                   son of the informant was returning home after selling milk, co-

                   accused Munji Kumar fired upon him as a result of which he

                   sustained gunshot injury.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is not named in the F.I.R. and his name transpired during

                   investigation on the basis of confessional statement of co-

                   accused Abhay Kumar and Ankit Kumar. Petitioner is own son
              Patna High Court CR. MISC. No.81092 of 2025(4) dt.31-03-2026
                                                          2/2




                        of the informant and brother of the injured. Injured has not

                        disclosed the name of this petitioner. Petitioner claims clean

                        antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation, relationship

                        between the parties and clean antecedent, this anticipatory bail

                        is allowed and it is ordered that let the above named petitioner

                        in the event of his arrest/surrender before the court below within

                        a period of eight weeks from today, be enlarged on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of Sub-

                        Divisional Judicial Magistrate, Daudnagar in connection with

                        Obra P. S. Case No. 293 of 2025, subject to condition as laid

                        down under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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