Patna High Court
Nagendra PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail could not be granted and rejected the petitioner's application.
Summary
The petitioner, Nagendra Pandey, sought anticipatory bail in a case (Gopalganj P.S. Case No. 443 of 2025) where he is accused of assaulting an informant's husband with an iron rod, causing grievous injuries. The FIR charges him under Sections 126(2), 115(2), 117(2), 109, 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner claimed innocence and alleged that the allegations were fabricated, while the State highlighted the seriousness of the injuries and the petitioner's pending criminal case. The High Court, after hearing both sides, declined to grant anticipatory bail, finding the circumstances did not merit such relief. The Court directed the petitioner to surrender within six weeks and instructed the trial court to consider his surrender‑cum‑bail application on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the alleged grievous injuries and pending criminal case.
- Whether the nature of the alleged offence and the petitioner's criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 352
Subjects
- anticipatory bail
- Bhartiya Nyaya Sanhita
- grievous injury
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21700 of 2026
Arising Out of PS. Case No.-443 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Nagendra Pandey S/o Late Singhasan Pandey R/O Vill- Chain Patti, P.S.-
Gopalganj, District-Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shyamli Kumari, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Gopalganj P.S. Case No. 443 of 2025, dated 12.06.2025,
lodged under Section 126(2), 115(2), 117(2), 109, 352 & 3(5) of
the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as
“BNS, 2023”), pending before the Court of District Additional
Sessions Judge-I, Gopalganj.
3. As per the prosecution, FIR has been lodged against
two named accused persons, including the present petitioner.
The specific allegation against the petitioner is that he assaulted
the informant’s husband with an iron rod, due to which the
informant’s husband sustained injuries.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21700 of 2026(2) dt.08-04-2026
2/2
petitioner is innocent and has committed no offence. Counsel
further submits that most of the allegations are false and
fabricated. Counsel also submits that the criminal antecedents of
the petitioner are not clean, as one criminal case is pending
against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the injuries sustained are
grievous in nature.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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