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Patna High Court

Amit PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Amit Pandey, was charged under several sections of the B.N.S. and Section 27 of the Arms Act for allegedly firing two rounds that missed a victim and assaulting family members with a lathi and pistol. He claimed innocence, stating the case stemmed from a land dispute and that he had no prior criminal record, having been in custody since 14 August 2025. The prosecution opposed bail, but the court noted that a charge sheet had already been filed, there was no risk of absconding or evidence tampering, and no injury was found to anyone. Considering these circumstances, the court ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties of the same amount. The bail order was directed to be executed by the Additional Sessions Judge, Bikramganj, Rohtas.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious charges under the B.N.S. and Arms Act.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • land dispute
  • assault
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11375 of 2026
                      Arising Out of PS. Case No.-288 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Amit Pandey S/o- Sanjay Pandey Village- Howdih, P.S.-Nasriganj, District-
                 Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered

                   under Sections 126(2), 115(2), 303(2), 76, 109 and 3(5) of the

                   B.N.S. and Section 27 of the Arms Act.

                                3. As per prosecution case, it is alleged that the

                   accused persons including petitioner having armed with lathi,

                   sharp edged weapon and pistol arrived at the place of

                   occurrence. Petitioner is alleged to have fired two rounds which

                   narrowly missed the hand of Aryan Pandey. Her husband and

                   other family members were assaulted by accused persons with

                   lathi due to which they got injury.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
            Patna High Court CR. MISC. No.11375 of 2026(2) dt.24-02-2026
                                                        2/2




                      case. Petitioner and informant are own gotia and land dispute is

                      going on between them. There is case and counter case between

                      both sides. The charge sheet has already been submitted and

                      there is no chance of absconding of the petitioner or tampering

                      with the evidence. Petitioner is in jail since 14.08.2025 having

                      no criminal antecedent and he undertakes to cooperate in the

                      trial.

                                   5. Learned A.P.P. has opposed the prayer for bail of

                      the petitioner.

                                   6. Considering the facts and circumstances of the

                      case, submissions of the parties, allegations against the

                      petitioner and the facts that there is case and counter case

                      between both sides, no injury was found to anyone, charge sheet

                      has already been submitted and the period of custody undergone

                      by him, let the above named petitioner be released on bail on

                      furnishing bail bond of Rs.10,000/- (rupees ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned Additional Sessions Judge I, Bikramganj, Rohtas at

                      Sasaram/concerned court in connection with Nasriganj P.S. Case

                      No.288 of 2025.


                                              (Sunil Dutta Mishra, J)
Harish/-
U       T


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