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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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