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Patna High Court

Rajendra PanditversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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The court granted bail to petitioners 1, 2 and 4 and dismissed the bail application of petitioner 3 as withdrawn.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sought bail, while the counsel for petitioner Ajit Pandit withdrew his bail application, which the court dismissed as withdrawn.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  • Whether the bail application of petitioner 3 (Ajit Pandit) can be withdrawn and dismissed.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

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
                                            2/4




          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
Patna High Court CR. MISC. No.2883 of 2026(4) dt.04-05-2026
                                            3/4




          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.
            Patna High Court CR. MISC. No.2883 of 2026(4) dt.04-05-2026
                                                        4/4




                      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/-

U       T


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