Created by Fuzzy Cloud

Patna High Court

Kaushal Kishor Pandey @ Kaushalkishore PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is to be released on anticipatory bail subject to a Rs.30,000 bail bond and conditions under Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023.

Summary

The petitioner, Kaushal Kishor Pandey, sought anticipatory bail in a case (Teghara P.S. Case No. 20 of 2024) where he was named in an FIR alleging involvement in the murder of an informant’s husband, along with other accused, under sections 341, 324, 326, 302, 34 of the IPC and section 27 of the Arms Act. The prosecution alleged a conspiracy linked to a land dispute, while the petitioner’s counsel argued there was no specific allegation or overt act against him, only suspicion, and highlighted his pending criminal case. The State’s APP opposed bail but conceded the lack of direct allegation. The court considered the balance of probabilities, the nature of the allegations, and the statutory provisions governing anticipatory bail. It granted anticipatory bail, subject to a bail bond of Rs.30,000 and conditions under the Bihar Negotiable Sale and Settlement Act, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite being named in the FIR for murder and related offences
  • Whether the mere suspicion without specific allegation suffices to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • conspiracy
  • IPC
  • Arms Act
  • bail conditions
  • section 34 IPC
  • section 27 Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32701 of 2026
                      Arising Out of PS. Case No.-20 Year-2024 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Kaushal Kishor Pandey @ Kaushalkishore Pandey S/o Nawalkishor Pandey
                 Resident of Village- Bahranwan, P.S.- Halsi, District- Lakhisarai (Bihar)

                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Lalan Kumar, Adv.
                 For the Opposite Party/s :       Mrs. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   13-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Teghara P.S. Case No. 20 of 2024 lodged on 22.01.2024,

                   for the offence punishable under Sections 341, 324, 326, 302 &

                   34 of the Indian Penal Code and section 27 of the Arms Act.

                                3. As per the prosecution, FIR has been lodged against

                   three named accused persons including the present petitioner

                   and five unknown persons with allegation that they all in

                   connivance with each other have killed the informant’s husband.

                   It has been further alleged by the informant that a land dispute

                   was going on between her husband and the petitioner and one
Patna High Court CR. MISC. No.32701 of 2026(2) dt.13-05-2026
                                            2/3




          another accused person for which, the informant’s husband had

          filed a case against them, due to which, there is every possibility

          that the accused persons have killed the informant’s husband

          under a conspiracy.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that in the murder case of the informant’s husband, the

          petitioner has already accused and facing consequence of the

          said criminal case. He submits that in the present case, the name

          of the petitioner is there in the FIR but there is no act or overt

          act or allegation against the petitioner, save and except, the

          suspicion. He further submits that the criminal antecedent of the

          petitioner is not clean as there is one case pending against him.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but fairly submits that the petitioner is well

          known to the informant prior to commission of the offence. But,

          in the present case, there is no direct allegation against the

          petitioner, save and except, suspicion.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing
             Patna High Court CR. MISC. No.32701 of 2026(2) dt.13-05-2026
                                                         3/3




                       bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                       mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

                       satisfaction of District & Sessions Judge, Begusarai, in

                       connection with Teghara P.S. Case No. 20 of 2024, subject to

                       the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.