Patna High Court
Aunj Kumar Pandey @ Chhotu PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Aunj Kumar Pandey, sought anticipatory bail in a case (PS‑28/2023) alleging offences under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the IPC for allegedly assaulting the informant’s brother with a lathi. The petitioner contended that both parties are agnates involved in a long‑standing land dispute, that a counter‑case had been filed against the informant, and that a Section 144 CrPC order earlier in the dispute had been dropped. He further argued that the injury to the victim was non‑vital. The court considered the familial relationship, the existence of a reciprocal case, and the nature of the injury, and concluded that these factors warranted the grant of anticipatory bail. Accordingly, the court allowed the application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to surrender within four weeks, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious IPC offences.
- Whether the existence of a land dispute and a counter‑case affects the grant of anticipatory bail.
- Whether the nature and severity of the injury (non‑vital part) justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 144
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- land dispute
- assault
- IPC
- CrPC
- agnates
- non‑vital injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18532 of 2026
Arising Out of PS. Case No.-28 Year-2023 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Aunj Kumar Pandey @ Chhotu Pandey Son of Upendra Pandey Resident of
Village- Shahsa, P.S.- Bhagwanpur Hatt, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Bhagwanpur Hat Police Station Case No. 28 of
2023, registered for the offences punishable under Sections 341,
323, 324, 307, 379, 504, 506, and 34 of the Indian Penal Code,
1860.
3. The prosecution case, as per the First Information
Report, is that on 22.01.2023 at about 10:30 a.m., the petitioner,
along with other accused persons, armed with lathi, sword,
farsa, etc., came near the house of the informant and attacked
him. It has been alleged that the petitioner assaulted Jitendra
Kumar Pandey, who is the brother of the informant, on his back
and arms by means of lathi.
Patna High Court CR. MISC. No.18532 of 2026(2) dt.08-04-2026
2/3
4. Learned counsel for the petitioner submits that
both the parties are agnates and there is longstanding dispute
between them. A counter case has been lodged from the side of
the petitioner against the informant, bearing Bhagwanpur Hatt
P.S. Case No. 29 of 2023. The genesis of the occurrence is that
the petitioner’s side was constructing a house upon their land,
which was objected by the informant. The land dispute between
the parties would be evident from the FIR itself. A proceeding
under Section 144 Cr.P.C. was also initiated between the parties
as a result of the land dispute, which was subsequently dropped.
Both sides have suffered injuries; however, the injury sustained
by the informant’s brother, namely Jitendra Kumar Pandey, has
been stated to be grievous in nature near the thumb, which is a
non-vital part of the body.
5. Regards being had to the submissions made by the
parties and taking into consideration the fact that both the
parties are agnates, having land dispute, case and counter case is
there, the injury sustained by the victim is on a non vital art of
the body, I am inclined to grant the petitioner privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his
Patna High Court CR. MISC. No.18532 of 2026(2) dt.08-04-2026
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arrest or surrender before the Court below within four weeks, 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 learned Chief Judicial Magistrate, Siwan, in
connection with Bhagwanpur Hat Police Station Case No. 28 of
2023, subject to the condition laid down under Section 482 (2)
of the Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
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