Patna High Court
Gaurav Pandey @ Gaurav Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the petitioner is entitled to anticipatory bail as the allegations do not specifically implicate him and similar co‑accused have been granted bail.
Summary
The petitioner, Gaurav Pandey, sought anticipatory bail fearing arrest in a case involving alleged robbery, assault and damage to property under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. The informant alleged that the petitioner, along with others, used a gas cutter to loot a godown and that co‑accused Khalid assaulted the informant's son. The petitioner contended that no specific allegation of assault was made against him and that a similarly situated co‑accused had already been granted anticipatory bail. The State and the informant opposed the bail, arguing the seriousness of the offences. Considering the lack of direct accusation against the petitioner and the precedent of bail to a co‑accused, the Court granted anticipatory bail subject to a cash bond and sureties, invoking Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations against the petitioner are sufficient to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- assault
- theft
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13689 of 2026
Arising Out of PS. Case No.-660 Year-2025 Thana- RAMNAGAR District- West Champaran
======================================================
Gaurav Pandey @ Gaurav Kumar Pandey S/o Pradeep Pandey, Resident of
Village- Sonkhar, P.S.- Ramnagar, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratik Kumar, Advocate.
For the State : Mr. Ajay Kumar Jha, A.P.P.
For the Informant : Mr. Gauri Shankar Thakur, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 06-05-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection
with Ramnagar P.S. Case No.660 of 2025 instituted under
Sections 126(2), 115(2), 109(1), 303(2), 324(4), 351(2), 334(1),
329(4) r/w Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the informant has
alleged that when he was sleeping on the upper floor of his
house, he heard some noise and saw on the ground floor that
some persons were cutting shutter of his godown by gas cutter,
thereafter his son, Ajay, came down and saw that all the accused
persons including the petitioner having armed with various
weapons cut his godown with gas cutter and looted articles
Patna High Court CR. MISC. No.13689 of 2026(3) dt.06-05-2026
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worth Rs.10 lacs. On protest of son of the informant, co-accused
Khalid assaulted him on his head by rod causing injury to him
and snatched gold chain worth Rs.1.5 lacs from his son.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that the specific allegation of assault on
the head of the informant by the use of farsa is on the co-
accused Khalid Anwar and the injury to the informant is simple
in nature. Learned counsel submits that there is no specific
allegation of assault against the petitioner. He further submits
that similarly situated co-accused, namely, Sonu Shukla @
Abhishek Kumar had already been granted anticipatory bail by
the Co-ordinate Bench of this Court vide order dated 30.04.2026
passed in Cr. Misc. No.17101 of 2026. Learned counsel submits
that although the petitioner has one criminal antecedent but the
same has been compromised in the Lok Adalat. Petitioner
undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State and learned counsel for
the informant have oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as the
Patna High Court CR. MISC. No.13689 of 2026(3) dt.06-05-2026
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fact that similarly situated co-accused had already been granted
anticipatory bail, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Sessions Judge, West
Champaran at Camp Court Bagaha/ concerned Court in
connection with Ramnagar P.S. Case No.660 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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