Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner as there was no cogent material linking him to the offence and a similar co‑accused had been released on bail.
Summary
Petitioner Pawan Kumar applied for bail in a case registered under Sections 103(1), 109, 61(2), 111, 3(5) of the B.N.S. and Section 27 of the Arms Act, alleging conspiracy to murder. The prosecution, based on the FIR, alleged that the accused, including the petitioner, hired criminals who killed the deceased. The petitioner argued that the FIR merely listed him among eleven alleged conspirators, no material evidence linked him to the crime, and a co‑accused, Ranjay Kumar, had already been granted bail by a coordinate bench. The State and the informant opposed bail, relying on the FIR allegations. The Court, noting the lack of substantive evidence against the petitioner and the precedent of bail to a similarly situated co‑accused, ordered his release on bail with a bond of Rs.10,000 and two sureties, and directed the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the petitioner accused of conspiracy and offences under the B.N.S. and Arms Act despite allegations in the FIR.
Legislation cited
Subjects
- bail
- conspiracy
- Arms Act
- B.N.S.
- high court
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83691 of 2025
Arising Out of PS. Case No.-441 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
Pawan Kumar S/o Bhushan Ray R/o Village- Latariya, PS- Parsa, Distt- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhawesh Kumar, Advocate
: Mr. Raghwendra Pratap Singh, Advocate
For the State : Mr. Ashok Kumar Singh, APP
For the Informant : Mr. Ujjawal Kumar Singh, Advocate
: Mr. Arvind Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 103(1), 109, 61(2), 111,
3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, the informant
alleged that all the named accused persons, including the
petitioner, under conspiracy hired criminals, who killed the
deceased.
4. The learned counsel for the petitioner submits
that it would be evident from the First Information Report itself
that name of one Raju Nut was taken to be one of the assailants
Patna High Court CR. MISC. No.83691 of 2025(4) dt.20-02-2026
2/3
of the deceased and the name of the petitioner has transpired as
one amongst 11 persons against whom there is only allegation
at best of being conspirators together with they being powerful
and influential. Even during the course of investigation, no
cogent material has transpired against the petitioner and further,
in the confessional statement of Raju Nut, the name of the
petitioner does not feature. Further, similarly situated co-
accused, Ranjay Kumar, whose name is one amongst 11
persons, has been granted the privilege of bail by a Co-ordinate
Bench of this Court vide order 22.12.2025 passed in Cr. Misc.
No.86988 of 2025. The petitioner is in custody since
14.08.2025 and the charge-sheet has been submitted and the
case has also been committed to the Court of sessions.
5. Learned APP for the State and learned counsel
for the informant, however, vehemently opposed the grant of
bail to the petitioner on the basis of allegations made in the
First Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner is not
the assailant of the deceased and similarly situated co-accused
has been granted the privilege of bail by Co-ordinate Bench of
this Court, let the above named petitioner, be released on bail
Patna High Court CR. MISC. No.83691 of 2025(4) dt.20-02-2026
3/3
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Saran at
Chapra/concerned Court below in connection with Dariyapur
P.S. Case No. 441 of 2025.
7. However, the learned Trial Court is directed to
expedite the trial.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…