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Patna High Court

Gaurav Pandey @ Gaurav Kumar PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                          3/3




                        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/-

U         T


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