Pawan Kumar @ Pawan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66977 of 2025 Arising Out of PS. Case No.-169 Year-2025 Thana- EKANGARSARAI District- Nalanda ====================================================== Pawan Kumar @ Pawan Singh Son of Anjani Kumar @ Anjani Singh, R/o Village - Parthu, P.S. - Ekangarsarai, Dist. - Nalanda. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Harsh Vardhan, Advocate For the State :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-09-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Ekangarsarai P.S. Case No. 169 of 2025, dated 21.07.2025, registered for the offences punishable under Sections 126(2), 115(2), 109(2) and 352 read with Section 3(5), of the B.N.S., 2023 and under Section 27 of the Arms Act.
3. The prosecution case, in brief, is that on 21.07.2025, when the informant went to his land situated near petrol pump, he saw that the co-accused persons were doing earth filling work on his land. When the informant forbade them to do so, they offered him money and tried to mutually settle the matter, which was denied by the informant. The accused persons then abused the informant and the petitioner opened fire on the informant and the bullet hit the left side of forehead of the informant.
Patna High Court CR. MISC. No.66977 of 2025(2) dt.17-09-2025 2/3
4. Learned counsel for the petitioner has submitted that petitioner is innocent and he has falsely been implicated in the present case. As per allegation levelled in the FIR against this petitioner, the petitioner is said to have caused injury to the informant by opening fire-arm, however, the injury report, which is appended with this petition as Annexure- P/2 and P/3, goes to show that the injuries inflicted upon the informant is caused by hard and blunt object and the injuries are found to be simple in nature. It is lastly submitted that petitioner carries one criminal antecedent and he is on bail in the said case as mentioned in paragraph no. 3 of the bail petition.
5. Learned Additional Public Prosecutor for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the fact that injury inflicted upon the injured persons is found to be simple in nature caused by hard and blunt object and the said injury is not a fire-arm injury, let the petitioner, above-named, be released on anticipatory bail, in the event of his arrest or surrender before the learned trial Court within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate,
Patna High Court CR. MISC. No.66977 of 2025(2) dt.17-09-2025 3/3 Hilsa (Nalanda), in connection with Ekangarsarai P.S. Case No. 169 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S., as well as on the following conditions:
(i) one of the bailors should be the family member / relative of the petitioner(s), who shall provide official document to show his / her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the learned trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his / her / their bail bond by the learned trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bond;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) Shahnawaz/- U T