Pawan Kumar @ Pawan Gareri Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Pawan Kumar @ Pawan Gareri Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on regular bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City in connection with Chowk P.S. Case No.123 of 2022, subject to conditions of trial co-operation and liability of the bail bond to cancellation on absence on three consecutive dates or violation of bail terms.

Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Chowk P.S. Case No.123 of 2022, registered for offences under Sections 302, 201, 34 & 120B IPC and Section 27 of the Arms Act.

Ratio / Principle

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, the petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City in connection with Chowk P.S. Case No.123 of 2022.

Key takeaways

The grant of bail was made subject to conditions: the petitioner shall co-operate in the trial and be properly represented on each and every date fixed by the Court; and in case of absence on three consecutive dates or violation of the terms of the bail, the bail bond will be liable to be cancelled by the Court concerned.ratio¶20

Detailed headnote1 paragraphs

Bail — Regular bail granted (Patna High Court, Sunil Dutta Mishra, J., order dated 04-04-2025): Pawan Kumar @ Pawan Gareri, facing charges under Sections 302, 201, 34 & 120B IPC and Section 27 of the Arms Act in Chowk P.S. Case No.123 of 2022 (murder of the informant's father, who had earlier been threatened by named co-accused over stoppage of his house-construction work, with the informant suspecting a conspiracy), released on bail of Rs.10,000/- with two like sureties to the satisfaction of the S.D.J.M., Patna City. Counsel contended false implication over a land dispute, that the petitioner was not named in the F.I.R., that no incriminating material was recovered from him, that he had no criminal antecedent and was in custody since 01.12.2022, and that similarly situated co-accused Mukesh Paswan had already been granted bail on 12.06.2023 in Cr. Misc. No.30350 of 2023. Bail subject to co-operation in the trial and representation on every date; bail bond cancellable on absence on three consecutive dates or violation of bail terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8983 of 2025

Arising Out of PS. Case No.-123 Year-2022 Thana- PATNA CITY CHOWK District- Patna

======================================================

Pawan Kumar @ Pawan Gareri Son of Sri Shambhu Prasad, Resident of Village- Bahri Begampur, Ps- Bypass, Dist- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhimanyu Deo, Advocate. For the Opposite Party/s : Mr. Shantanu Kumar, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 04-04-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks regular bail in connection with Chowk P.S. Case No.123 of 2022, registered for the offences punishable under Sections 302, 201, 34 & 120B of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the named co-accused persons threatened the father of the informant and told him to stop the construction work of his house. Later on, the informant was informed that his father was shot dead. The informant suspected that the named co-accused persons have conspired and murdered his father.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.8983 of 2025(2) dt.04-04-2025 2/3

case due to land dispute. He further submits that petitioner is not named in the F.I.R. and no incriminating material has been recovered from his possession. He also submits that petitioner is in custody since 01.12.2022 having no criminal antecedent. Learned counsel submits that investigation has already been completed and petitioner undertakes to cooperate in the trial. He further submits that similarly situated co-accused person, namely, Mukesh Paswan has already been granted bail by this Court vide order dated 12.06.2023 passed in Cr. Misc. No.30350 of 2023.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City in connection with Chowk P.S. Case No.123 of 2022, subject to the following conditions:-

(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned Court concerned.

Patna High Court CR. MISC. No.8983 of 2025(2) dt.04-04-2025 3/3

(ii) 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.

(Sunil Dutta Mishra, J)

Ritik/-

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