Patna High Court
Pawan Raj @ Pawan Kumar @ DomaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Pawan Raj, was arrested in connection with a robbery case (Maheshkhunt P.S. Case No. 15 of 2020) alleged under Section 392 of the Indian Penal Code. The prosecution alleged that unknown miscreants abducted the informant's driver, looted a Scorpio vehicle and threw the driver into a field, but the petitioner was not named in the FIR and was implicated later during investigation. The petitioner argued that no incriminating material was found on him, he had no involvement with the looted vehicle, and a T.I.P. had not been conducted; he also highlighted his seven prior convictions and custody since 26‑09‑2025. The State opposed bail, but the court noted the lack of direct evidence, the parity with a co‑accused who had already been granted bail, and the period of custody already served. Consequently, the court granted bail subject to a Rs.15,000 bond, two sureties, and conditions regarding appearance, non‑tampering with evidence, and refraining from further property offences under Chapter XVII of the BNS, 2023.
Issues considered
- Whether the petitioner is entitled to bail despite being implicated after the FIR and having prior criminal antecedents
- Whether the lack of direct evidence and parity with a co‑accused who obtained bail warrant the grant of bail
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- false implication
- parity
- Criminal Procedure Code
- Bihar National Security Act
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90042 of 2025
Arising Out of PS. Case No.-15 Year-2020 Thana- MAHESHKHUNT District- Khagaria
======================================================
Pawan Raj @ Pawan Kumar @ Doma S/o Suresh Singh @ Suresh Prasad
Resident of Village- Malikpur, P.S.- Dhanarua, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Maheshkhunt P.S. Case No. 15 of 2020 instituted for the
offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that, when the driver of
the informant was cleaning his vehicle, in the meantime, 4-5
unknown miscreants arrived on a Scorpio, abducted the driver
of the informant by tying his hands and legs and, thereafter,
looted away the Scorpio of the informant and threw the driver in
the fields.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.90042 of 2025(2) dt.30-01-2026
2/3
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case during investigation. No incriminating
article has been recovered from the conscious possession of the
petitioner. Learned counsel further submitted that petitioner has
got no concern with the looted vehicle. Learned counsel further
submitted that T.I.P. has not been conducted till date. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 26.09.2025 and has seven criminal antecedents.
The co-accused person has already been granted bail by Bench
of this Court vide order dated 02.09.2025 passed in Cr. Misc.
No. 59190 of 2025.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, claim based on parity as also the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail, after framing of
charge, if not already framed, on furnishing bail bonds of Rs.
15,000/- ( Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Maheshkhunt P.S. Case No. 15 of
Patna High Court CR. MISC. No.90042 of 2025(2) dt.30-01-2026
3/3
2020, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses of the case by intimidating/pressurizing the witnesses,
during the investigation or trial, in that case, prosecution will be
at liberty to move for cancellation of bail of the petitioner.
(IV) If the petitioner is found indulged in any criminal
activity or commission of any crime under the offenses against
the property defined under Chapter XVII of the BNS, 2023,
after being released on bail, the prosecution will be at liberty to
file an appropriate application before the court below for
cancellation of his bail.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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