Pawan Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Pawan Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed for petitioner no. 1 (Pawan Kumar) — to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- with two like sureties to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, subject to Section 482(2) Bharatiya Nagarik Suraksha Sanhita conditions; anticipatory bail refused for petitioner no. 2 (Rahul Kumar).

Issue for consideration

Whether the petitioners, who apprehend arrest in Udwantnagar P.S. Case No. 370 of 2025 for offences punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, are entitled to anticipatory bail.

Court's answer

Prayer for anticipatory bail of petitioner no. 2 (Rahul Kumar) is refused, considering his criminal antecedents (the State stated he has five criminal antecedents).

Ratio / Principle

Anticipatory bail is allowed to petitioner no. 1 (Pawan Kumar), considering the nature of accusation against him; in the event of his arrest/surrender before the court below within eight weeks, he is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Detailed headnote1 paragraphs

Anticipatory bail — Petitioners apprehend arrest in Udwantnagar P.S. Case No. 370 of 2025, District Bhojpur, for offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, arising out of a firing on 23.07.2025 on the informant's nephew (who died on the spot) by co-accused Ravi Kumar, Ankit Kumar and Jugesh Singh, the petitioners being alleged to have been recceing the deceased on the instigation of co-accused Bhola Yadav. Held, by Prabhat Kumar Singh, J: (i) considering the criminal antecedents of petitioner no. 2 (Rahul Kumar), his prayer for anticipatory bail is refused; (ii) considering the nature of accusation against petitioner no. 1 (Pawan Kumar), his anticipatory bail is allowed — he is to be enlarged on bail on arrest/surrender within eight weeks on a bail-bond of Rs. 10,000/- with two like sureties to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14474 of 2026

Arising Out of PS. Case No.-370 Year-2025 Thana- UDWANTNAGAR District- Bhojpur

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

Pawan Kumar S/O Sanjay Yadav Resident of Village - Pawar, P.SPawan,Dist- Bhojpur(Ara)

Rahul Kumar S/O Sanjay Yadav Resident of Village - Pawar, P.SPawan,Dist- Bhojpur(Ara) ... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Pandey, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 28-04-2026

Heard learned counsel for the petitioners and the

State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

As per prosecution case, on 23.07.2025, co-accused Ravi Kumar, Ankit Kumar and Jugesh Singh fired upon the nephew of informant as a result of which, he died on the spot. These petitioners are alleged to have been recceing the nephew of informant on the instigation of co-accused Bhola Yadav.

Learned counsel appearing for the petitioners submits that specific accusation of firing is against other coaccused persons. So far these petitioners are concerned, there is

Patna High Court CR. MISC. No.14474 of 2026(2) dt.28-04-2026 2/2

no allegation of any specific overt act against them. Petitioners are not the assailants of the deceased.

Learned counsel for the State opposed the bail application and submits that petitioner no. 2 has got five criminal antecedents.

Considering the criminal antecedents of petitioner no. 2, prayer for anticipatory bail of petitioner no. 2 is refused .

However, considering the nature of accusation against petitioner no. 1, the anticipatory bail with regard to petitioner no. 1 is allowed and it is ordered that the above named petitioner no. 1 in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P. S. Case No. 370 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

(Prabhat Kumar Singh, J)

Navya/- U T