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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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                                  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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