Patna High Court
Chandra Bhushan PandeyversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to petitioners No.2 and No.4 with conditions, and denied bail to petitioners No.1, No.3 and No.5.
Summary
The petitioners, five members of the Pandey family, applied for pre‑arrest bail in connection with a 2023 police case (Kanti PS No. 890) involving offences under Sections 341, 323, 307, 385, 379, 504 and 506/34 of the Indian Penal Code. The FIR alleged that petitioner No.1 ordered the killing of an informant, petitioner No.2 fired a shot that missed, petitioner No.3 stole money and a mobile phone, petitioner No.4 assaulted a person with a sword, and petitioner No.5 assaulted another with an axe. The petitioners argued that there was a case‑and‑counter‑case between the parties and both sides suffered injuries, seeking bail for all. The State opposed bail, emphasizing the gravity of the allegations. The Court, noting that the firearm discharge did not cause injury and the injuries by petitioner No.4 were simple, granted pre‑arrest bail to petitioners No.2 and No.4 subject to a Rs 10,000 bond and verification of criminal antecedents, while refusing bail to petitioners No.1, No.3 and No.5, and directed the district court to explore mediation under the Naushey Ali precedent. The application was disposed accordingly.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioners accused of offences under Sections 341, 323, 307, 385, 379, 504 and 506/34 of the IPC.
- Whether the nature and gravity of the alleged offences justify denial of bail for certain petitioners.
- Whether the existence of a case‑and‑counter‑case and the possibility of mediation affect the bail decision.
Legislation cited
- Indian Penal Code — s. 307, 323, 341, 379, 385, 504, 506/34
Subjects
- pre‑arrest bail
- Indian Penal Code
- section 482
- mediation
- case and counter‑case
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21565 of 2026
Arising Out of PS. Case No.-890 Year-2023 Thana- KANTI District- Muzaffarpur
======================================================
1. Chandra Bhushan Pandey S/o Late Pancham Pandey
2. Krishna Kant Pandey S/o Chandra Bhushan Pandey
3. Krishan Kumar Pandey S/o Chandra Bhushan Pandey
4. Kamni Kant Pandey S/o Chandra Bhushan Pandey
5. Priyansh Kumar @ Prince Kumar S/o Krishna Kant Pandey
All are resident of village Bangra Patti Shain, P.S - Kanti, District -
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok, Advocate
Mr.Vivek Kumar Pandey, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 10-04-2026 Heard Mr. Alok Kumar Alok along with Mr. Vivek
Kumar Pandey, learned counsels appearing on behalf of the
petitioners and Ms. Sharda Kumari, learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with
Kanti P.S. Case No.890 of 2023 registered for the offences
punishable under Sections 341, 323, 307, 385, 379, 504 and
506/34 of the Indian Penal Code .
3. As per the allegations made in the FIR, petitioner
no.1 allegedly ordered the killing of the informant and others.
Petitioner no.2 is alleged to have fired a shot, which passed over
Patna High Court CR. MISC. No.21565 of 2026(2) dt.10-04-2026
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the head of the informant. Petitioner no.3 snatched Rs. 25,000/-
and a mobile phone of the informant. Petitioner no.4 assaulted
one Randhir Pandey with a sword, causing injuries to him.
Petitioner no.5 assaulted one Sanjay Pandey with an Axe,
causing injuries to his shoulder.
4. Learned counsel appearing on behalf of the
petitioners submitted that there is a case and counter-case
between the parties arising out of the same occurrence and both
sides sustained injuries in the said incident. On the basis of these
submissions, the petitioners seek grant of pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having considered the fact that the
firearm allegedly discharged by petitioner no. 2 did not hit the
informant and the injuries sustained by the injured Randhir
Pandey attributed to petitioner no. 4 are simple in nature, the
petitioners no.2 and 4 are directed to be released on pre-arrest
bail, in the event of their arrest or surrender before the learned
district court within a period of four weeks from today, on
furnishing bail bond of Rs.10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
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learned ACJM-1st, Muzaffarpur (West)/concerned court, in
connection with Kanti P.S.Case No.890 of 2023, subject to
conditions as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the
criminal antecedent of the petitioners no.2 and 4 and if it is
found that the petitioners are involved in some other cases as
what has been stated in paragraph No.3 of the bail application,
this order will automatically lose its force.
8. So far as petitioner nos. 1, 3 and 5 are concerned,
having regard to the nature and gravity of the allegations
levelled against them, I am not inclined to enlarge the
petitioners no.1, 3 and 5 on pre-arrest bail. However,
considering the facts stated in paragraph no. 14, it appears that
there is a case and counter-case between the parties, therefore,
in order to maintain peace and harmony between them, the
parties may be permitted to explore the possibility of an
amicable settlement of their dispute.
9. In the light of the law laid down by the Apex Court
in the case of Naushey Ali & Ors. Vs. State of Uttar Pradesh
& Anr. reported in (2025) 4 SCC 78, the learned District Court
is directed to examine the matter for mediation and take
necessary steps to issue notices to the respective parties and
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upon their appearance, refer the matter before the learned
Mediator of the District Mediation Center by fixing a date for
appearance of the parties to give effect to “Mediation for the
Nation 2.0”.
10. The present application is accordingly disposed
of.
(Purnendu Singh, J)
chn/-
U T
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