Patna High Court
Baikunth PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners, subject to surrender, bail bond and surety conditions.
Summary
The petitioners – Baikunth Pandey, Chandrawati Devi and Ram Daso Devi – applied for anticipatory bail fearing arrest in connection with Dinara Police Station Case No. 261 of 2025, which alleged that they, along with others, entered an informant’s house armed and assaulted the informant and his wife, causing simple lacerations. The FIR charged them under Sections 126(2), 115(2), 303(2), 109, 352, 351(2) and 3(5) of the Bihar Negotiable Instruments Act, 2023. The petitioners contended that they were falsely implicated, had no prior criminal record, and that the injuries were minor, attaching medical reports and a counter‑case showing injuries on their side as well. The State opposed the anticipatory bail application. Considering the general and omnibus nature of the allegations, the simplicity of the injuries, and the petitioners’ clean record, the Court granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs.10,000 and two sureties, and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging armed assault under multiple sections of the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- simple injuries
- criminal antecedent
- Section 438 CrPC
- Section 482 B.N.S.S
- Bihar High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2951 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- DINARA District- Rohtas
======================================================
1. Baikunth Pandey Son of Late Bhagelu Pandey R/o Village - Samhuti, P.S. -
Dinara District - Rohtas.
2. Chandrawati Devi @ Chandawat Devi Wife of Kameshwar Pandey R/o
Village - Samhuti, P.S. - Dinara District - Rohtas.
3. Ram Daso Devi @ Ram Dasiya Devi Wife of Late Ram Chandra Pandey
R/o Village - Samhuti, P.S. - Dinara District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagendra Upadhyay, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Dinara P.S. Case no.261 of 2025 registered under Sections
126(2), 115(2), 303(2), 109, 352, 351(2) and 3(5) of B.N.S,
2023.
3. Allegation in the F.I.R is that all accused persons
including the petitioners herein came to the house of the
informant variously armed and indulged in assault causing
injuries.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.2951 of 2026(2) dt.28-01-2026
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petitioners have been falsely implicated in the case. There is
general and omnibus allegation levelled against the petitioners
of assault upon the informant and his wife. It is further
submitted that the injuries suffered by the informant and his
wife are simple which is in the form of laceration, a copy of the
injury report has been annexed as Annexure-P/2 to the
application. There is case and counter case between the parties
and Annexure-3 is the case filed by the petitioners’ side
indicating that injuries have been sustained by petitioners’ side
also. The petitioners have no criminal antecedent and undertake
to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the fact and considering that there is general
and omnibus allegation leveled against the petitioners arising
out of an incident which happen at the spur of the moment
coupled with the fact that injuries are simple in nature, it is
directed that the petitioners above named, having no criminal
antecedent in the event of their arrest or surrender before the
learned Court below within a period of four weeks, be released
on anticipatory bail in connection with Dinara P.S. Case no.261
Patna High Court CR. MISC. No.2951 of 2026(2) dt.28-01-2026
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of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor Court, subject to the condition laid down
under Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
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