Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60055 of 2025 Arising Out of PS. Case No.-72 Year-2024 Thana- DHANGAI District- Gaya ====================================================== Pawan Kumar S/o Basudeo Yadav R/o Village - Pokhariya, P.S - Barachatti (Dhangain), District - Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Dhangai P.S. Case No. 72 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 126, 115(2), 109, 76, 117, 303(2), 352, 351(2-4) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. Prosecution case, in short, is that the accused persons including the petitioner, armed with deadly weapons, assaulted the informant, caused injuries on her head, disrobed her, and also assaulted her devar when he came to rescue. It is further alleged that they attempted to fire upon him, looted the informant's jewellery, and fled away when villagers gathered.

Patna High Court CR. MISC. No.60055 of 2025(3) dt.24-11-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that the only specific allegation against the petitioner is that he assaulted the informant on her head by means of tangi. It is also alleged that this petitioner assaulted one Umesh Yadav with butt of the pistol. He further submitted that the injuries sustained by the informant are grievous in nature caused by hard and blunt substance which falsifies the story set by prosecution. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.05.2025 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.60055 of 2025(3) dt.24-11-2025 3/3 below/concerned Court in connection with Dhangai P.S. Case No. 72 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T