Patna High Court
Devendra PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioner with a bond of Rs.10,000, two sureties, and specific conditions of cooperation and a family member as bailor.
Summary
The petitioner, Devendra Pandit, was implicated in a case (Arwal P.S. Case No. 241 of 2024) involving offences under Sections 147, 149, 341, 323, 307, 379 and 504 of the IPC, where he allegedly assaulted the informant's wife with an iron rod and participated in a robbery. The petitioner sought anticipatory bail, arguing that the injury was simple, the dispute was a private land issue, and he was a next‑door neighbor of the informant. The prosecution opposed the bail. The Court, considering the nature of the injury, the personal dispute, and the circumstances, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions of cooperation and a family member as a bailor. The order was made under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Negotiable Security Act. The bail is to be surrendered within four weeks if the petitioner is arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and the nature of the injury.
- Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- IPC offences
- land dispute
- assault
- theft
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19113 of 2026
Arising Out of PS. Case No.-241 Year-2024 Thana- Arwal District- Arwal
======================================================
Devendra Pandit Son of Late Pradeep Pandit Resident of Village- Satpura,
P.S.- Arwal, District- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Om, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Arwal P.S. Case No. 241 of 2024 in a case
registered for the offence punishable under Sections 147, 149,
341, 323, 307, 379 and 504 of the IPC.
3. As per the prosecution story, on 24.06.2024, the
accused persons including the petitioner armed with iron rods
and sticks, assaulted the informant’s wife and mother-in-law.
During the attack, the petitioner inflicted a head injury on the
informant’s wife with an iron rod, while other accused persons
stole jewelry worth Rs. 30,000/- before fleeing.
4. Learned counsel for the petitioner submits that it is
evident from the First Information Report that as many as seven
Patna High Court CR. MISC. No.19113 of 2026(2) dt.06-04-2026
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persons were named in the FIR, including the petitioner, who
allegedly came variously armed and indulged in hurling abuses.
Thereafter, the allegation against this petitioner is that he
assaulted the wife of the informant by means of an iron rod. It is
further submitted that the petitioner and the informant are next-
door neighbors and there was a land dispute between them. The
injury report of the informant’s wife indicates that the injury is
in the nature of a laceration, and the same has been found to be
simple in nature, caused by a hard and blunt substance.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and circumstances
and also considering the fact that the petitioner and the
informant are neighbors having land dispute between them and
the injuries are found to be simple in nature, let the above
named petitioner, in the event of his arrest or surrender before
the learned Court below within a period of four weeks from
today, be enlarged on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned court below where the
case is pending/successor court in connection with Arwal P.S.
Case No. 241 of 2024, subject to the condition as laid down
Patna High Court CR. MISC. No.19113 of 2026(2) dt.06-04-2026
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under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.,
subject to the conditions that:
(I) One of the bailors will be a family member/close
relative.
(II) The petitioner shall cooperate in the
investigation/trial and in case of non-cooperation, the
prosecution would be at liberty to move an application for
cancelling the bail bonds of the petitioner.
(Soni Shrivastava, J)
priyanka/-
U T
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