Created by Fuzzy Cloud

Patna High Court

SHYAM KUMAR PANDEY @ SHYAM SUNDER PANDEY @ SHYAM KUMARversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the alleged offences were of a serious nature involving grievous injury.

Summary

Shyam Kumar Pandey and Radhe Shyam Pandey applied for anticipatory bail in connection with a criminal case (Paliganj P.S. Case No. 486 of 2025) alleging that they assaulted an informant with a kudaal and an iron rod, causing grievous injuries. The prosecution alleged that the assault was carried out on the orders of their father, Jai Mangal Pandey, and cited multiple sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners contended that they were falsely implicated, highlighted a two‑day delay in filing the FIR, the informant’s intoxicated state, contradictions in witness statements, and asserted they have no prior criminal record. The Court examined the seriousness of the alleged offences, the nature of the injuries, and the statutory provisions, and concluded that the gravity of the allegations did not warrant the grant of anticipatory bail. Consequently, the application for anticipatory bail was rejected, and the petitioners were directed to surrender within four weeks and may seek regular bail thereafter.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged assault causing grievous injury.
  • Whether the seriousness of the offences and the circumstances of the case justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • false implication
  • FIR delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3362 of 2026
                        Arising Out of PS. Case No.-486 Year-2025 Thana- PALIGANJ District- Patna
                 ======================================================
           1.     Shyam Kumar Pandey @ Shyam Sunder Pandey @ Shyam Kumar S/o Shri
                  Jai Mangal Pandey R/o village- Udaipur, P.S.- Paliganj, District.- Patna
           2.    Radhe Shyam Pandey @ Amar Kumar Pandey S/o Shri Jai Mangal Pandey
                 R/o village- Udaipur, P.S.- Paliganj, District.- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar, Advocate
                                                   Mr. Amit Kumar Mishra, Advocate
                 For the Opposite Party/s :        Ms. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   28-01-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioners have preferred this application for

                   grant of anticipatory bail apprehending their arrest in connection

                   with Paliganj P.S. Case no.486 of 2025, registered under

                   sections 109(1), 126(2), 115(2), 117(2), 74, 76, 79, 352, 351(3)

                   and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the informant states

                   that the accused persons including the two petitioners herein

                   came variously armed. It is further stated that on the orders of

                   Jai Mangal Pandey, Shyam Sunder Pandey assaulted with a

                   kudaal on the head of the informant as a result of which he

                   sustained injuries on his head and eyes. It is further stated that

                   Radhe Shyam Pandey with ill intention pulled the cloth of his
Patna High Court CR. MISC. No.3362 of 2026(2) dt.28-01-2026
                                            2/3




          wife. The informant further states that Radhe Shyam Pandey

          and Shyam Sunder Pandey continued their assault with iron rod

          till the informant fell down having sustained injuries on various

          parts of the body.

                       4. It is submitted by learned counsel for the petitioners

          that the petitioners have been falsely implicated in the case. The

          parties are agnates and there is dispute between them over an

          ancestral house as has been mentioned in paragraph nos.6 and 7

          of the petition. There is an unexplained delay of two days in

          lodging of the F.I.R. The informant was in an intoxicated

          condition and was hurling abuses when the occurrence took

          place. There is contradiction in the statements of the witnesses.

          The petitioners have no criminal antecedent and undertake to

          cooperate in the investigation.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegation against the petitioners of

          having assaulted the informant with kudaal and iron rod on the

          head of the informant together with the contents of the injury

          report wherein the injury on the informant has been found to be

          grievous in nature, the Court is not inclined to enlarge the
            Patna High Court CR. MISC. No.3362 of 2026(2) dt.28-01-2026
                                                        3/3




                      petitioners on anticipatory bail and the application is rejected.

                                   7. The petitioners are directed to surrender in the

                      learned Court below within a period of four weeks.

                                   8. In case the petitioners so surrender within the

                      aforesaid period and pray for regular bail, the same shall be

                      considered on its own merits without being prejudiced by this

                      order of rejection.


                                                          (Partha Sarthy, J)
avinash/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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