Patna High Court
Pankaj Kumar Rai @ Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, Pankaj Kumar Rai, was implicated in a land‑dispute related assault case (Daraunda P.S. Case No. 592 of 2025) alleging offences under several sections of the B.N.S.S. The prosecution alleged that the petitioner and co‑accused assaulted the informant’s family with weapons, causing injuries. The petitioner contended that the injuries were superficial, the FIR was filed two days after the incident without explanation, and a counter‑case had been lodged against the informant, indicating a mutual scuffle. The court examined the nature of the injuries, the delay in FIR registration, the existence of a counter‑case, and the petitioner’s clean antecedents. Considering these factors, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements.
Issues considered
- Whether the petitioner is entitled to bail for the offences alleged under Sections 126(2), 115(2), 117(2), 118(2), 109, 303(2) and 3(5) of the B.N.S.S. given the nature of the alleged injuries
- Whether the delay in filing the FIR and the existence of a counter‑case affect the grant of bail
Subjects
- bail
- land dispute
- assault
- superficial injuries
- FIR delay
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24356 of 2026
Arising Out of PS. Case No.-592 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Pankaj Kumar Rai @ Pankaj Kumar Son of Lal Babu Rai Resident of Village-
Rasaulpur, P.S.- Daraundha, Distt.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Kumari Anupam, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Daraunda P.S. Case No. 592 of 2025
registered for the alleged offences under Section 126)2), 115(2),
117(2), 118(2), 109, 303(2), 3(5) of the BNS.
03. As per prosecution case, in the background of land
dispute, petitioner and other coaccused persons assaulted the
informant and her family members with spade, bricks, lathi and
iron khanti causing a number of injuries to their victims.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
Both the parties are agnates and there is admitted land dispute
between them. The alleged occurrence took place on 07.12.2025
but the FIR has been registered on 09.12.2025 without any
explanation and the delay shows after thought and deliberation on
Patna High Court CR. MISC. No.24356 of 2026(2) dt.24-04-2026
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the part of the informant. Though there is allegation of causing a
number of injuries to the informant and her family members, the
injury report shows simple and superficial injuries to the victims.
The allegation against the petitioner is that he gave a spade blow
on the leg of the husband of the informant with intention to sever
the leg but the injury report shows lacerated wound of size 1cm x
1/2cm x1/2cm and it shows the injury has not been caused by a
spade and rather it is superficial and non-serious injury. Learned
counsel further submits that though the rejection order mentions a
grievous injury on the husband of the informant but it is not clear
which injury has been found to be grievous as another injury was
on frontal scalp of size 2cmx1/2cmx1/2cm which is also a
lacerated wound. The other injuries of the victims are stated to be
abrasion, pain and lacerations. Learned counsel further submits
that there is a counter version and the petitioner side has lodged
Daraunda P.S. Case No. 593 of 2025 against the informant with
similar allegation. Learned counsel further submits that the case
and counter case shows there was scuffle between the parties and
both sides received injuries but the injuries are not serious. The
petitioner has clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the learned counsel for the petitioner.
06. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.24356 of 2026(2) dt.24-04-2026
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submission made on behalf of the parties and considering the case
and counter case of the parties and further considering the nature
of allegation against the petitioner and corresponding superficial
injuries on the victim, let the petitioner above named, in the event
of his arrest or surrender before the court concerned within a
period of eight weeks from today, be released on bail, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only)
each with two sureties of the like amount each to the satisfaction
of Court of learned ACJM-VI, Siwan in connection with Daraunda
P.S. Case No. 592 of 2025, subject to the condition laid down
under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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