Patna High Court
Sugriv Pandey @ Sugriv Kumar Pandey @ S.K. PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions and a bail bond.
Summary
Petitioner Sugriv Pandey applied for anticipatory bail in a case alleging assault with a hand‑pump, assault with an iron rod, and theft, offences punishable under several sections of the Bhartiya Nyaya Sanhita. The prosecution alleged grievous injuries to the informant and his wife, while the petitioner contended that the injuries were not to vital parts, the offences were bailable, and he was willing to pay Rs.25,000 for medical expenses. The State and the informant opposed bail, claiming intent to kill. The Court examined the facts, the nature of the offences, and the petitioner’s willingness to compensate, and granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, proof of payment, and conditions not to tamper with evidence or threaten the informant. The order also empowered the informant to seek cancellation of bail for any breach.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 115(2), 117(2), 118(1), 303(2), 110, 351, 352 and 3(5) of the Bhartiya Nyaya Sanhita.
- Whether the alleged offences are bailable in nature.
- Whether the conditions imposed by the Court are sufficient to safeguard the interests of the informant and the investigation.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 110, 115(2), 117(2), 118(1), 303(2), 3(5), 351, 352
Subjects
- anticipatory bail
- assault
- grievous hurt
- theft
- criminal procedure
- bail conditions
- Bhartiya Nyaya Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17634 of 2026
Arising Out of PS. Case No.-845 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Sugriv Pandey @ Sugriv Kumar Pandey @ S.K. Pandey S/O Late Laxmi
Pandey Village- Vishunpura, P.S.- Harsidhi, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Krishna Prasad Singh, Senior Advocate
Mr. Saket Kumar Singh, Advocate
For the Opposite Party : Mr. Syed Mojibur Rahman, APP
For the Informant : Mrs. Usha Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 29-04-2026 Heard learned Senior Counsel appearing on behalf of
the petitioner, learned Additional Public Prosecutor for the State
as well as learned counsel for the informant.
2. This application for anticipatory bail arises out
of Harsidhi P.S. Case No. 845 of 2025 for the offence
punishable under Sections 115(2), 117(2), 118(1), 303(2), 110,
351, 352 and 3(5) of the Bhartiya Nyaya Sanhita.
3. As per prosecution case, this petitioner and co-
accused armed with handle of a hand-pump and rod came to the
place of occurrence and abused the informant due to previous
enmity as regards the money, upon protest, this petitioner
assaulted the informant with the handle of hand-pump fracturing
his leg. It has been further alleged that this petitioner and co-
accused also assaulted the informant’s wife with iron rod
Patna High Court CR. MISC. No.17634 of 2026(3) dt.29-04-2026
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resulting in head injury. It has further been alleged that co-
accused Poonam Devi snatched gold chain from the informant’s
wife while this petitioner took away cash amount of Rs.5,000.00
from the informant’s shirt.
4. Learned Senior Counsel appearing on behalf of
the petitioner has submitted that the informant and the petitioner
are brothers and the allegation of assault by hand-pump is not
on the vital part of the body, though it has been found to be
grievous in nature and there is no repetition of blow. It has been
submitted that at best a case under Section 117(2) BNS would
be made out, which is bailable in nature. The injuries sustained
by the wife of the informant is simple in nature. Learned Senior
Counsel, upon instructions, has submitted that the petitioner is
ready to pay Rs.25,000.00 (Twenty Five Thousand) to the
informant for medical treatment etc.
5. Learned counsel for the State and the informant
opposed the prayer of anticipatory bail of the petitioner. Learned
counsel for the informant has submitted that the petitioner had
every intention to kill the informant and his wife, but they were
luckily saved and they had to undergo prolonged treatment.
6. Heard the parties and perused the record.
Considering the facts and circumstances, let the petitioner above
Patna High Court CR. MISC. No.17634 of 2026(3) dt.29-04-2026
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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 Judicial
Magistrate 1st Class, Sadar at Motihari, in connection with
Harsidhi P.S. Case No. 845 of 2025, subject to the conditions as
laid down under Section 482(2) of the Bhartiya Nagrik Suraksha
Sanhita.
7. It is directed that the bail bonds of the petitioner
would be accepted only when there is a proof on record that
payment of Rs.25,000.00, as offered by the petitioner, has been
made to the informant.
8. It is further directed that the petitioner will not
tamper with the evidence and would not threaten the informant
or any of his family members and if he does so, the informant
may file appropriate application for cancellation of his bail
bonds.
(Praveen Kumar, J)
Pawan/-
U T
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