Patna High Court
Govind PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Govind Pandit, was arrested in a case registered under Sections 103 and 238 of the B.N.S. and Sections 25(1‑b)a, 26 and 35 of the Arms Act, alleged to be involved in a murder stemming from a money dispute. The prosecution’s case is based solely on suspicion, as the petitioner’s name does not appear in the FIR and there is no material linking him to the offence. The petitioner, who has no prior criminal record and has been in custody since 30‑03‑2025, applied for bail, arguing innocence and lack of evidence. The State opposed the bail application. The High Court, considering the general and omnibus nature of the accusation, the petitioner’s clean antecedents, and the length of custody, granted bail on a bond of Rs.10,000 with two sureties. Consequently, the petitioner was ordered to be released on bail.
Issues considered
- Whether bail should be granted in a case involving offences under the B.N.S. and the Arms Act when the accused is named only on suspicion and lacks substantive evidence.
- Whether the petitioner’s clean antecedents and the period of custody justify the grant of bail despite the seriousness of the alleged offences.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- suspicion
- clean antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81355 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Govind Pandit S/o Late Surendra Pandit R/o Vill- Yogiya Tilha, PS- Jaynagar,
Dist-Kodarma, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sudish Kumar, Advocate
For the State : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103 and 238 of the B.N.S.
and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per prosecution case, informant suspects that
one Laxman Pandit, who is driver of another truck of father of
informant, due to money dispute, killed his father.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Informant is not an eye witness to the occurrence. Petitioner is
not named in the F.I.R.. Name of petitioner transpired in this
case during course of investigation only on suspicion because of
money dispute with the deceased. Save and except suspicion,
Patna High Court CR. MISC. No.81355 of 2025(3) dt.30-01-2026
2/2
there is no material on record to show the complicity of this
petitioner in the alleged offence. Moreover, charge-sheet has
already been submitted and petitioner, having no criminal
antecedents, is in custody since 30.03.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, period of
custody and clean antecedents of the petitioner, the prayer for
grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail 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, Nawada in
connection with Rajauli P.S. Case No. 163 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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