Patna High Court
Aash Puram Pandit @ Aash Puran PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court held that the petitioners are entitled to anticipatory bail, subject to conditions, as the complaint appears to be false and they have clean antecedents, and the court may exercise its inherent powers under Sec 438(2) CrPC and Sec 482(2) B.N.S.S. to grant such bail.
Summary
The petitioners, a group of relatives from Hardiya village, were accused in a complaint of entering the complainant’s house, assaulting and disrobing her and family members, and setting the house on fire, invoking IPC sections 436, 376, 194, 120(B) and cognizance under sections 354(A), 427 and 436. They sought anticipatory bail, claiming the complaint was false, filed six days after the alleged incident, and that it was motivated by a land dispute with the neighbour. The State opposed the bail. The High Court, after considering the seriousness of the allegations, the petitioners’ clean antecedents, the delay in filing the complaint and the possibility of a false case, exercised its inherent powers to grant anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Sec 438(2) CrPC/Sec 482(2) B.N.S.S. The order directs that the bail be enlarged if the petitioners are arrested or surrender within eight weeks.
Issues considered
- Whether anticipatory bail can be granted in a case involving serious offences under IPC sections 436, 376, 194, 120(B).
- Whether the delay of six days in lodging the complaint and the allegation of a false case justify denial of bail.
- Whether the petitioners’ clean antecedent and the possibility of arrest within eight weeks affect the grant of anticipatory bail.
- Whether the High Court can exercise its inherent powers under Sec 438(2) CrPC and Sec 482(2) B.N.S.S. to grant anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 194, 354A, 376, 427, 436
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- false complaint
- bail conditions
- high court inherent powers
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1782 of 2026
Arising Out of PS. Case No.-3127 Year-2023 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
1. Aash Puram Pandit @ Aash Puran Pandit S/O Late Munchun Pandit @ Late
Manchan Pandit Resident of Village-Hardiya, P.S. -Turkauliya, District-East
Champaran, Motihari.
2. Ashok Pandit S/O Late Munchun Pandit @ Late Manchan Pandit Resident
of Village-Hardiya, P.S. -Turkauliya, District-East Champaran, Motihari.
3. Lucky kumar @ Lakhi kumar @ Lekhi kumar Son of Anirudh Pandit.
Resident of Village-Hardiya, P.S. -Turkauliya, District-East Champaran,
Motihari.
4. Lakhindra Kumar Son of Anirudh Pandit Resident of Village-Hardiya, P.S.
-Turkauliya, District-East Champaran, Motihari.
5. Chandan Pandit @ Chandan Kumar Son of Aash Puram Pandit @ Aash
Puran Pandit. Resident of Village-Hardiya, P.S. -Turkauliya, District-East
Champaran, Motihari.
6. Kundan kumar Son of Aash Puram Pandit @Aash Puran Pandit Resident of
Village-Hardiya, P.S. -Turkauliya, District-East Champaran, Motihari.
7. Anirudh Pandit Son of Late Munchun Pandit @ Manchan Pandit Resident of
Village-Hardiya, P.S. -Turkauliya, District-East Champaran, Motihari.
8. Nandan Kumar @ Nandan Pandit Son of Aash Puram Pandit @Aash
PuranPandit Resident of Village-Hardiya, P.S. -Turkauliya, District-East
Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rehana Begum wife of Manjur Alam Resident of Village-Hardiya, P.S.-
Turkauliya, District-East Champaran, Motihari.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a
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complaint case punishable for the offence under Sections 436,
376, 194, 120(B) of the Indian Penal Code, in which,
cognizance has been taken under Sections 354(A), 427 and 436
of the Indian Penal Code.
3. It is alleged that on the alleged date of occurrence,
these petitioners, variously armed, entered the house of
complainant, abused & disrobed complainant and assaulted her
& other family members and thereafter, set the house of
complainant on fire.
4. Learned counsel for the petitioners submits that
complainant is close door neighbour and in order to grab the
land of petitioners, this false and concocted case has been
lodged. The complaint has been lodged after a delay of 6 days of
the alleged occurrence and there is no plausible explanation of
delay. Allegation is general and omnibus. Petitioners claim
clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
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thousand) each with two sureties of the like amount each to the
satisfaction of learned A.C.J.M. - X, East Champaran at
Motihari in connection with Complaint Case No. 3127 of 2023,
subject to condition as laid down under Section 438(2) of the
Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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