Patna High Court
Parmatmanand PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to a bond and conditions under Section 480(3) of the B.N.S.S.
Summary
Petitioner Parmatmanand Pandey, an 18‑year‑old with a clean record, was arrested in connection with a case of assault, theft of an e‑rickshaw and robbery of a mobile phone and wallet, alleged under Section 309(6) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case is based on the statements of co‑accused who named the petitioner, but no incriminating material was recovered from him. The petitioner contended that he was falsely implicated and that the co‑accused’s confessional statements did not specifically charge him with assault or injury. The State opposed bail, while the court considered the petitioner’s young age, clean antecedent, the nature of the allegation, and the fact that a chargesheet had already been filed. The court directed that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties and subject to conditions under Section 480(3) of the Bihar Narcotic Substances (Special) Act, including attendance before the trial court.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 309(6) of the B.N.S., 2023 considering his age, antecedents and the nature of the allegations.
- Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable to the bail order.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(6)
Subjects
- bail
- Section 309
- Bihar Narcotic Substances Act
- minor
- clean antecedent
- criminal procedure
- Section 480(3)
- assault
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92080 of 2025
Arising Out of PS. Case No.-342 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Parmatmanand Pandey S/o Bhanu Pandey @ Bhanu Kumar Pandey, R/o
Village- Simri Ramopatti, P.S- Simri, Dist.-Buxar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Buxar (Industrial) P.S. Case No. 342 of 2025
dated 13.10.2025, registered for the offence punishable under
Section 309(6) of the B.N.S., 2023.
3. As per the prosecution case, the nephew of the
informant used to drive an e-rickshaw and he was assaulted by
some miscreants who took away his e-rickshaw. They also took
mobile phone and wallet of the nephew of the informant and
then threw away his unconscious body in a field. The name of
the petitioner transpired during investigation for being involved
in the said occurrence.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.92080 of 2025(3) dt.25-02-2026
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been implicated in the present case. Nothing incriminating has
been recovered from person or possession of the petitioner. He
futher submits that during investigation police apprehended one
Farhan on the basis of activation of mobile phone of the victim,
who named this petitioner and other co-accused persons who
assaulted the nephew of the informant and thinking him to be
dead, threw his body in a field. There is no specific allegation
against this petitioner of any assault or causing any injury to
him even in the confessional statement of the co-accused
persons. Two co-accused persons namely Sonu Kumar and
Salman have been granted regular bail by a co-ordinate Bench
of this Court vide order dated 11.02.2026 passed in Cr. Misc.
No. 88695 of 2025 and case of the petitioner is better placed.
The petitioner is eighteen years of age and he is having clean
antecedent. Learned counsel lastly submits that petitioner is in
custody since 17.10.2025 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation against the petitioner and also considering
his young age and further considering his clean antecedent,
Patna High Court CR. MISC. No.92080 of 2025(3) dt.25-02-2026
3/3
period of custody and submission of chargesheet, the petitioner,
above-named, is directed to be released on bail, on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Buxar / concerned Court, in
connection with Buxar (Industrial) P.S. Case No. 342 of 2025,
subject to the condition laid down under Section 480(3) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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