Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to cash bond, sureties, and conditions of attendance and cooperation.
Summary
Pankaj Kumar was arrested in connection with a case of assault that resulted in the death of a person, charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, contending that he had not committed any overt act and that similarly situated co‑accused had already been granted bail by other benches of the Patna High Court. The State opposed the bail application. The Court, after considering the submissions, the fact that co‑accused were released on bail, and the absence of a specific act attributed to the petitioner, allowed the bail application subject to a cash bond of Rs.10,000 and two sureties, and imposed conditions of regular police‑station attendance and cooperation with the trial. The order expressly stated that the observations were prima facie and not a determination on the merits of the case. Consequently, the petitioner was released on bail with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with assault causing death under the Bharatiya Nyaya Sanhita.
- Whether the lack of a specific overt act attributed to the petitioner and the precedent of bail granted to co‑accused justify granting bail.
- Whether the conditions imposed are sufficient to ensure the petitioner’s cooperation with the trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- criminal procedure
- assault causing death
- Bharatiya Nyaya Sanhita
- bail conditions
- co‑accused precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26186 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Pankaj Kumar S/O Mahendra Yadav Resident of Village- Dhausani, P.S.-
Fulparash (Phulparas), Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand
For the Opposite Party/s : Mr. Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Laheriasarai P.S. Case No. 245 of 2025 registered for the
offence under Section(s) 103(1) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner, along
with others, is alleged to have assaulted the deceased, causing
injuries which ultimately resulted in his death.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 11.01.2026. It is further submitted
that similarly situated co-accused persons have been granted
Patna High Court CR. MISC. No.26186 of 2026(2) dt.22-04-2026
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bail by co-ordinate Benches of this Court vide Cr. Misc No.
83640/2025 dated 25.03.2026 and Cr. Misc. No. 3312 of 2026
dated 23.02.2026. It is further submitted that no specific overt
act has been attributed to the petitioner and the deceased was
assaulted by local persons when he attempted to escape from
custody, not by the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the submissions of the parties, the materials available on record
and the fact that similarly situated co-accused persons have been
granted bail, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (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 Laheriasarai P.S.
Case No. 245 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Fulparash (Phulparas)
Police Station on every Sunday of each
month. Any default in appearance at the
Police Station would result in cancellation of
bail bond of the petitioner.
(ii) The petitioner shall appear in
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the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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