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Patna High Court

Parmatmanand PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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