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Patna High Court

Anshu Pandit @ Anshu Kumar Pandey @ Anshu Baba @ Anshu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the appeal, set aside the lower court’s order, and granted bail to the appellant with conditions.

Summary

The appellant, Anshu Pandit, was charged under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, Section 27 of the Arms Act and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes Act for allegedly being part of a mob that shot a victim who later died. The prosecution’s case relied mainly on the confession of a co‑accused, Bhola Singh, who said the appellant was only present at the scene and did not commit any overt act. The appellant filed an appeal under Section 14(A)(2) against the lower court’s refusal to grant regular bail, contending that the allegations were fabricated and that there was no specific evidence of his participation. The Special Public Prosecutor opposed bail, citing the appellant’s presence at the incident and his prior criminal antecedents. The Patna High Court held that, in the absence of a specific allegation of assault and given the lack of substantive material linking the appellant to the offence, bail should be granted subject to reasonable conditions, and set aside the lower court’s order.

Issues considered

  • Whether the appellant is entitled to regular bail despite being present at the scene of the offence and having prior criminal antecedents.
  • Whether a charge sheet based primarily on a co‑accused’s confession suffices to deny bail.
  • Whether the conditions imposed on bail are appropriate under the applicable statutes.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • Arms Act
  • SC/ST Act
  • co‑accused confession
  • prior criminal antecedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.518 of 2026
                         Arising Out of PS. Case No.-348 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Anshu Pandit @ Anshu Kumar Pandey @ Anshu Baba @ Anshu Kumar S/o
                 Raj Kishore Pandey @ Raj Kishor Panday R/o vill - Bishunpura
                 (Bishnupura), P.s- Bihta, Distt.- Patna

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Rajesh Chaudhary S/o Nareh Chaudhary R/o vill - Wajitpur, P.S.- Bihta,
                 Distt.- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Shubhesh Pandey, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   25-06-2026                    Despite valid service of notice upon Respondent

                   No.2, no one appeared on behalf of Respondent No.2.

                                2. Heard Mr. Shubhesh Pandey, learned counsel for

                   the appellant as well as Ms. Usha Kumari 1, learned Spl.P.P. for

                   the State.

                                3. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 12.01.2026

                   passed by the learned Court of Exclusive Special Judge-SC/ST

                   Act, Civil court, Sadar, Patna in connection with Bihta P.S. Case

                   No. 348 of 2025, F.I.R. dated 16.05.2025 registered under

                   Sections 103(1), 3(5) of the Bharatiya Nyay Sanhita and

                   Sections 27 of Arms Act 3(2)(va) of the Scheduled Castes and
Patna High Court CR. APP (SJ) No.518 of 2026(5) dt.25-06-2026
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          Scheduled Tribes Act.

                       4. According to the prosecution case, some miscreants

          fired on the chest and jaw of the brother of informant, due to

          which he got injured and later taken for treatment to Netaji

          Subhash Chandra Bose Medical College and Hospital, Bihta

          where during course of treatment, he died.

                       5. Learned counsel for the appellant submits that

          appellant is innocent and he has falsely been implicated in the

          present case. He further submits that the allegation as alleged in

          the F.I.R. is false and fabricated and the appellant has not

          committed any offences as alleged in the F.I.R. Initially the

          appellant was not named in the FIR and his name transpired on

          the basis of confessional statement of co-accused person,

          namely, Bhola Singh, who has categorically stated that co-

          accused persons, namely, Raja Singh and Priyanshu Singh have

          fired upon the victim. He next submits that as per the statement

          of Bhola Singh, the appellant was only present at the place of

          occurrence and there is no specific allegation of assault or overt

          act against him and at best the appellant is the member of the

          mob and except the aforesaid, no other cogent material has

          come during investigation which suggest the involvement of the

          appellant in the present case. He further submits that the police,
Patna High Court CR. APP (SJ) No.518 of 2026(5) dt.25-06-2026
                                             3/4




          after investigation, submitted charge sheet against the appellant.

          The appellant is in custody since 27.12.2025.

                       6. Learned Special Public Prosecutor for the State has

          vehemently opposed the prayer for bail of the appellant and

          submits that from bare perusal of the statement of the accused

          Bhola Singh, it appears that appellant was present at the place of

          occurrence and apart from that, the appellant carries two

          criminal antecedents other than the present one.

                       7. Considering the facts and circumstances of the case

          and the fact that there is no specific allegation of assault or overt

          act, let the appellant, above named, be released 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

          Court of Exclusive Special Judge-SC/ST Act, Civil court, Sadar,

          Patna in connection with Bihta P.S. Case No. 348 of 2025, with

          other following conditions:-

                       i. Appellant shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the appellant tampers with the evidence or the
            Patna High Court CR. APP (SJ) No.518 of 2026(5) dt.25-06-2026
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                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the appellant and in case at

                      any stage it is found that the appellant have concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the appellant. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.

                                   8. Accordingly, the impugned order is set aside and

                      this appeal stands allowed.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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