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Patna High Court

Sugriv Pandey @ Sugriv Kumar Pandey @ S.K. PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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