Patna High Court
Amit PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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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