Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Pawan Kumar applied for regular bail in a case registered under sections 310(2) and 311 of the BNS. He had been in custody since 20 September 2025 despite having only one prior criminal antecedent and already being on bail in the same case. The petitioner argued that the investigation was complete, the only evidence against him was a confessional statement of a co‑accused and a single mobile phone recovered from his possession. The State opposed the bail. The court, taking note of the petitioner’s young age, the lack of substantial incriminating material and the completed investigation, ordered his release on bail upon furnishing a bond of Rs.20,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner in a case under sections 310(2) and 311 of the BNS considering the circumstances of his custody, age, and the nature of evidence.
Legislation cited
- BNS — s. 310(2), 311
Subjects
- regular bail
- sections 310(2) BNS
- section 311 BNS
- confessional statement
- young age
- investigation completed
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90099 of 2025
Arising Out of PS. Case No.-563 Year-2025 Thana- DHANARUA District- Patna
======================================================
Pawan Kumar S/o Tapeshwar Prasad @ Tapeshar Yadav Resident of Village -
Chakashan, P.S - Pali, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Adv.
For the Opposite Party/s : Mr. Rajiv Nayan, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Dhanarua P.S. Case No. 563 of 2025 registered for the offences
punishable under sections 310(2) & 311 of the BNS.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner has been languishing in jail since
20.09.2025 though there is one criminal antecedent against him,
he is already on bail in the said case and the investigation has
been completed against the petitioner. It is further submitted that
the petitioner has been made an accused mainly on the basis of
the confessional statement of co-accused Kundan Kumar and
that only one mobile phone belonging to the petitioner was
recovered from his possession and no other incriminating
articles was recovered from his house.
Patna High Court CR. MISC. No.90099 of 2025(2) dt.13-01-2026
2/2
4. Learned APP for the State has opposed the bail
prayer of the petitioner.
5. Considering the above submissions, the averments
made in this application coupled with the petitioner’s young age
and his custody period, this court is inclined to release the
petitioner on bail. Accordingly, let the petitioner named-above
be released on bail on furnishing bail bond of Rs.20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the Court concerned in connection
with Dhanarua P.S. Case No. 563 of 2025.
(Shailendra Singh, J)
siddharthkr/-
U T
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