Patna High Court
Bhado PanditversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The Court allowed anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, a family of four from Bhagwanpur, sought anticipatory bail fearing arrest in a criminal case (PS No. 221 of 2025) alleging assault on an informant and his family under several sections of the Bihar Narcotic Substances Act, 2023. They claimed innocence, stating the injury caused by petitioner No. 3 was minor and that they have a prior criminal antecedent but no serious offence. The State opposed the bail application. The Court, noting the advanced age of petitioner No. 1 and that petitioners No. 2 and 4 are women, as well as the simple nature of the injury, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, verification of antecedents, and compliance with Section 438 of the CrPC and Section 482 of the BNSS. The bail order also stipulated that if petitioners No. 1 or 3 are involved in other cases besides a specific 2018 case, the bail bonds would not be accepted.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC and Section 482 of the BNSS given the nature of the alleged offences.
- Whether the petitioners' age, gender, and the alleged simple injury justify the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure
- Section 438
- Section 482
- assault
- gender considerations
- age considerations
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2964 of 2026
Arising Out of PS. Case No.-221 Year-2025 Thana- BELHAR District- Banka
======================================================
1. Bhado Pandit S/o- Late Pritam Pandit Village- Bhagwanpur PO-Sautadih
PS- Belhar Dist- Banka
2. Bimali Devi @ Bimala Devi W/o- Bhado Pandit Village- Bhagwanpur PO-
Sautadih PS- Belhar Dist- Banka
3. Suchit Pandit @ Sachit Kumar Pandit S/o- Bhado Pandit Village-
Bhagwanpur PO-Sautadih PS- Belhar Dist- Banka
4. Saraswati Devi @ Sarswati Kumari W/o- Suchit Pandit @ Sachit Kumar
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 Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Belhar P.S. Case No. 221 of 2025 registered for offences under
Sections 126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of the
B.N.S., 2023.
3. The petitioners are accused of assaulting the
informant and his family members with Khanti, Tengari and
Bhujai. The allegation against petitioner no. 3 is of assaulting
the son of the informant with iron rod with intent to kill.
Patna High Court CR. MISC. No.2964 of 2026(3) dt.24-02-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. The parties have fought amongst each other and there is
case and counter case and the injury caused by petitioner no. 3
is found to be simple in nature caused by hard and blunt
substance. Petitioners have one criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the age of petitioner no. 1 and
considering the fact that petitioner nos. 2 and 4 are women, and
considering the fact that simple injury is caused by petitioner
no. 3, the prayer for grant of anticipatory bail to the petitioners
are allowed.
7. Accordingly, let the petitioners, above- named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of Ld. C.J.M.
Banka/concerned Court below, in connection with Belhar P.S.
Case No. 221 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973/
Section 482(2) of the BNSS with further condition that:
Patna High Court CR. MISC. No.2964 of 2026(3) dt.24-02-2026
3/3
8. At the time of accepting bail bonds on behalf of
petitioner nos. 1 and 3, their criminal antecedents shall be
verified by the court below. If the petitioner nos. 1 and 3 are
accused in more than one case, i.e. apart from Banka Mahila
P.S. Case No. 70/2018, then their bail bonds shall not be
accepted. If they are found accused in only Banka Mahila P.S.
Case No. 70/2018, then their bail bonds shall be accepted.
(Sandeep Kumar, J)
Ranjeet/-
U T
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