Patna High Court
Praveen Pandey @ Pravin Pandey @ Parbindra Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to bond, surety and verification of criminal antecedents.
Summary
The petitioners, three brothers, sought anticipatory bail after learning that they might be arrested in a 2019 case (Kuchaikote PS Case No. 156) involving offences under the IPC and the Arms Act. The FIR alleged that Priyanshu Pandey, the son of one petitioner, fired at the informant's son, but no allegation was made against the petitioners themselves. The police had filed a charge‑sheet in 2020 and did not send the petitioners to trial, yet the Additional Chief Judicial Magistrate took cognizance and ordered their prosecution. The petitioners argued they had a clean criminal antecedent and were wrongly implicated. The court examined the lack of any FIR allegation against them, the police’s final report, and their clean record, and consequently granted anticipatory bail subject to bond and surety conditions and verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the magistrate’s cognizance of the case.
- Whether the absence of any allegation against the petitioners in the FIR and charge‑sheet justifies bail.
- Whether the petitioners’ clean criminal antecedent warrants release on bail.
Legislation cited
- Arms Act — s. 27
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 307, 323, 326, 34, 341, 504
Subjects
- anticipatory bail
- clean antecedent
- FIR
- charge sheet
- cognizance
- Section 438 CrPC
- Indian Penal Code
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34061 of 2026
Arising Out of PS. Case No.-156 Year-2019 Thana- KUCHAIKOTE District- Gopalganj
======================================================
1. Praveen Pandey @ Pravin Pandey @ Parbindra Kumar Pandey S/O Rajkrit
Pandey R/O Vill.- Dhodhwaliya, P.S.- Kuchaikote, District- Gopalganj
2. Sudhir Pandey S/O Rajkrit Pandey R/O Vill.- Dhodhwaliya, P.S.-
Kuchaikote, District- Gopalganj
3. Ramjee Pandey S/O Rajkrit Pandey R/O Vill.- Dhodhwaliya, P.S.-
Kuchaikote, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioners and the learned
APP for the State.
2. The petitioners are apprehending their arrest in Kuchaikote
P.S. Case No. 156 of 2019 registered under Sections 341, 323, 326,
307, 504 and 34 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution story which has been lodged on the
basis of written report submitted by the informant to the effect that
on the alleged date of occurrence i.e 5.6.2019 all the accused persons
surrounded his son while he had gone to the grocery shop. He alleged
that for a dispute, which was there from before in-between the son of
the informant and co-accused Priyanshu Pandey, for playing cricket,
the co-accused Priyanshu Pandey is said to have fired at his son, due
Patna High Court CR. MISC. No.34061 of 2026(2) dt.18-05-2026
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to which, he suffered bullet injuries.
3. Learned counsel for the petitioners submits that the
petitioners are innocent and the allegation of firing has been levelled
against co-accused Priyanshu Pandey, who is the son of Petitioner
No. 1 and only due to that fact, the petitioners have been arrayed as
accused in the present case. She further submits that the police after
investigation, submitted charge-sheet No. 174 of 2020 on 21.6.2020,
whereby the accused persons were not sent up for trial. However, the
learned ACJM-VII, Gopalganj vide his order dated 25.2.2022
differed with the report of the police and took cognizance against the
petitioners herein. She further submits that the petitioners have got a
clean antecedent.
4. The Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Having heard the learned counsels for the parties and after
going through the records, it appears that the allegation of firing is
against co-accused Priyanshu Pandey, who is said to be son of the
Petitioner No. 1 and nothing has been alleged in the first information
report against the petitioners. Further, the petitioners were not sent up
for trial and final form was submitted against them by the police.
However, the learned ACJM-VII, Gopalganj, differing with the
police report, took cognizance against the petitioners. The petitioners
have got clean antecedent.
6. Considering the aforesaid facts and circumstances, let
Patna High Court CR. MISC. No.34061 of 2026(2) dt.18-05-2026
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the petitioners, above named, in the event of arrest/surrender before
the learned court below within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Ten thousand) each with two sureties of the like amount each to the
satisfaction of learned ACJM-VII, Gopalganj in connection with
Kuchaikote P.S. Case No. 156 of 2019, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S., with further
condition:
(I) The learned Court concerned shall verify the criminal
antecedent of the petitioners and in case at any stage, it is found that
the petitioners have concealed his criminal antecedents, the Court
concerned shall take steps for cancellation of bail bond of the
petitioners. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of or in the
name of verification.
(Ritesh Kumar, J)
A.K.V.//-
U T
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