Patna High Court
Rajendra PanditversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to petitioners 1, 2 and 4 and dismissed the bail application of petitioner 3 as withdrawn.
Summary
The petitioners Rajendra Pandit, Surati Devi, Ajit Pandit and Priyanka Devi were charged under several sections of the Bharatiya Nyaya Sanhita for alleged assault on an informant and his family. Petitioners sought bail, while the counsel for petitioner Ajit Pandit withdrew his bail application, which the court dismissed as withdrawn. The court considered the nature of the allegations, the petitioners' criminal antecedents, and the fact that similar co‑accused had been granted anticipatory bail in a related case. It granted bail to petitioners Rajendra Pandit, Surati Devi and Priyanka Devi subject to a bond of Rs.10,000 with two sureties each, to be surrendered within six weeks, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also noted the dispute arose from a field‑irrigation conflict between neighbours.
Issues considered
- Whether bail should be granted to petitioners 1, 2 and 4 under the charges framed under the Bharatiya Nyaya Sanhita.
- Whether the bail application of petitioner 3 (Ajit Pandit) can be withdrawn and dismissed.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the grant of bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- anticipatory bail
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- field irrigation dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2883 of 2026
Arising Out of PS. Case No.-221 Year-2025 Thana- BELHAR District- Banka
======================================================
1. Rajendra Pandit S/o- Bhado Pandit Village- Bhagwanpur PO-Sautadih PS-
Belhar Dist-Banka
2. Surati Devi @ Sarita Devi W/o- Rajendra Pandit Village- Bhagwanpur PO-
Sautadih PS- Belhar Dist-Banka
3. Ajit Pandit @ Ajit Kumar Pandit S/o- Bhado Pandit Village- Bhagwanpur
PO-Sautadih PS- Belhar Dist-Banka
4. Priyanka Devi w/o- Ajit Pandit Village- Bhagwanpur PO-Sautadih PS-
Belhar Dist-Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukul Jee, Advocate
For the State : Dr. Ajeet Kumar, APP
For the Informant : Mr. Shubhesh Pandey, Advocate
Mr. Vinit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 04-05-2026 Learned counsel for the petitioners seeks permission
to withdraw the bail application with respect to petitioner no. 3,
namely, Ajit Pandit @ Ajit Kumar Pandit.
2. Permission is accorded.
3. Accordingly, the bail application with respect to
petitioner no. 3 is dismissed as withdrawn.
4. Heard learned counsel for the petitioner nos. 1, 2 &
4, learned A.P.P. for the State and learned counsel for the
Patna High Court CR. MISC. No.2883 of 2026(4) dt.04-05-2026
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informant.
5. The petitioner nos. 1, 2 & 4 apprehend their arrest in
a case registered under Sections 126(2), 115(2), 109, 303(2),
352, 351(2) and 3(5) of Bharatiya Nyaya Sanhita
6. As per prosecution case, on 25.07.2025 at about
07:00 A.M., when informant was working in his field, in the
meantime, the accused persons including the petitioners, came
there and it is alleged that petitioner nos. 1, 2 & 3 and other co-
accused persons assaulted the informant with blackjack, khanti,
tengari and bhujai. It is further alleged that petitioner no. 3
assaulted on the head of the informant with iron rod. When
family members of the informant came to rescue then petitioner
no. 1 and other co-accused persons assaulted the son of the
informant due to which he sustained injury. Co-accused Bhado
Pandit assaulted the informant’s wife and petitioner no. 2 and
others snatched her gold earring.
7. Learned counsel appearing on behalf of the petitioner
nos. 1, 2 & 4 submits that petitioners are innocent and have
falsely been implicated in the present case. Further submissions
is that both the parties are gotiyas and neighbours and due to
dispute between the parties with respect to irrigation of field,
some altercation took place between them in which both sides
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sustained injuries. There is case and counter case for the same
occurrence. He next submits that specific allegation of assaulting
the informant on his head is against the co-accused Ajit Pandit
@ Ajit Kumar Pandit (petitioner no. 3). Similarly situated co-
accused persons have already been granted anticipatory bail by a
Co-ordinate Bench of this Court vide order dated 24.02.2026
passed in Cr. Misc. No. 2964 of 2026. Petitioner nos. 1 & 2 have
one criminal antecedent and petitioner no. 4 has no criminal
antecedent. They undertake to cooperate in the investigation and
trial.
8. Learned A.P.P. appearing on behalf of the State and
learned counsel for the informant opposed the bail application.
9. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties and
nature of allegation against the petitioner nos. 1, 2 & 4, let
petitioner nos. 1, 2 & 4, namely, Rajendra Pandit, Surati
Devi @ Sarita Devi and Priyanka Devi, be released on bail, in
the event of arrest or surrender before the learned court
concerned within a period of six weeks from today, on furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Banka in connection with Belhar P.S.
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Case No. 221 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
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