Patna High Court
Kaushal Kishor Pandey @ Kaushalkishore PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Arms Act — s. 27
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
- Indian Penal Code — s. 302, 324, 326, 34, 341
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
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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
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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
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