Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to petitioner No.2, subject to a bail bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Pawan Kumar and Rajnish Rai, were implicated in a violent incident on 24 July 2025 where they allegedly assaulted an informant and his family, robbed Rs. 50,000 and a gold ring, and inflicted knife injuries. Petitioner No.1 sought to withdraw his anticipatory bail application, which the court permitted, resulting in its dismissal. Petitioner No.2 feared arrest under several offences listed in the Bharatiya Nyaya Sanhita and applied for anticipatory bail. The State opposed the bail, arguing the seriousness of the charges, while the petitioner contended that the allegations were vague and that he had not committed any specific overt act. Considering the nature of the accusations, the circumstances of the case, and the need to prevent undue hardship, the court granted anticipatory bail to Petitioner No.2 subject to a bail bond and sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that the bail be effected within eight weeks of the judgment.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.2 in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the allegations against petitioner No.2 constitute specific and cognizable offences justifying denial of bail.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 329(3), 3(5)
Subjects
- anticipatory bail
- assault
- robbery
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16964 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- RAXAUL District- East Champaran
======================================================
1. Pawan Kumar S/o Panala Rai Nat @ Pannalal Rai @ Pannalal Rai Nat R/o
Village - Anand Sagar Pipariya, P.S - Palanwa, District - East Chamaparan
2. Rajnish Rai S/o Late Bindeshwari Rai R/o Village - Anand Sagar Pipariya,
P.S - Palanwa, District - East Chamaparan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and the
State.
2. After some argument, learned counsel for the
petitioners seeks permission to withdraw this anticipatory bail
application with regard to petitioner no. 1.
3. Permission is granted.
4. This anticipatory bail application with regard to
petitioner no. 1 is, accordingly, dismissed as withdrawn.
5. Petitioner no. 2 apprehends arrest in a case
registered for the offences punishable under Sections 329(3),
118(1), 126(2), 109(1), 115(2), 303(2), 3(5) of the Bharatiya
Nyaya Sanhita.
Patna High Court CR. MISC. No.16964 of 2026(2) dt.01-04-2026
2/3
6. Prosecution case, in brief, is that on 24.7.2025 at
about 1:10 AM, when informant along with his family members
was going for the treatment of his father, all the F.I.R. named
accused persons, including this petitioner, armed with weapons,
surrounded them and assaulted informant. When family
members of the informant came out of the car to save him, they
were also assaulted by the accused persons. This petitioner
along with other accused persons is alleged to have given knife
blow on the chest of informant. This petitioner along with co-
accused Pawan Kumar snatched Rs. 50,000/- from the pocket of
informant and one gold ring from the brother of informant.
7. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Both
parties are agnates and due to petty dispute, altercation took
place between them in which both sides sustained injuries.
Specific accusation of assault with knife is against other co-
accused persons. There is general and omnibus allegation of
assault against this petitioner and there is no allegation of any
specific overt act against him. Rest of the allegations are
ornamental only to make the case grave.
8. Learned A.P.P. for the State vehemently opposed
the bail application.
Patna High Court CR. MISC. No.16964 of 2026(2) dt.01-04-2026
3/3
9. Considering backdrop of the case, nature of
accusation and other facts and circumstances of the case, this
anticipatory bail is allowed and it is ordered that let the above
named petitioner no. 2 in the event of his arrest/surrender before
the court below within a period of eight weeks from today, be
enlarged 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 Sub-Divisional Judicial Magistrate,
Raxaul, East Champaran, Motihari in connection with Raxaul P.
S. Case No. 327 of 2025, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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