Patna High Court
Pankaj Kumar @ Vivek Raj @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner applied for anticipatory bail in a case where he and a co-accused were alleged to have assaulted an informant with a lathi, causing a simple head injury. The alleged motive was a family dispute over land partition. The petitioner argued he had no criminal antecedents and the injury was minor, while the State opposed bail. The court examined the facts and, considering the circumstances, ordered that the petitioner be released on anticipatory bail upon surrender within six weeks, subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order was conditioned on compliance with the stipulated terms.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged assault and the nature of the injury.
- Whether the provisions of Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita permit the grant of anticipatory bail in this case.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- assault
- criminal law
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16988 of 2026
Arising Out of PS. Case No.-437 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
Pankaj Kumar @ Vivek Raj @ Vivek Kumar S/O Bindeshwar Chaudhary R/O
Vill.- Bhusbusiya,P.S- Sherghati,Dist- Gaya ji
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Singh
For the Opposite Party/s : Mr.Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Sherghati P.S. Case No. 437 of 2025 for the offence
punishable under Section 126(2), 115(2), 110, 76, 303(2),
351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita.
3. As per allegation, the petitioner along with co-
accused Binod Choudhary assaulted upon the head of the
informant by means of lathi and rod. The cause of occurrence is
alleged to be that her mother-in-law has been ousted from the
house and a protest in this regard was made.
4. Learned counsel for the petitioner has submitted
that the informant has received one injury on head, i.e., simple
in nature and as such the assault by the two persons including
this petitioner does not appear to be corroborated by the injury
Patna High Court CR. MISC. No.16988 of 2026(3) dt.29-04-2026
2/2
report. The petitioner happens to be the elder brother-in-law
(Bhaisur) of the informant and there is serious dispute as
regards the partition of the land and the petitioner has got no
criminal antecedents.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
Considering the facts and circumstances, let the petitioner above
named, in the event of his arrest/surrender within six weeks
from today in the Court below, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned ACJM-I,
Sherghati, Gayajee, in connection with Sherghati P.S. Case No.
437 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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