Patna High Court
Kunal Pandey @ Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner as the allegations were not specific to him and he was not the assailant.
Summary
The petitioner, Kunal Pandey, sought anticipatory bail after an FIR alleged that co‑accused fired a pistol at an informant, resulting in injuries. The FIR implicated co‑accused Brjesh Sharma, Chunnu Panday and Ankit Pandey, but did not specifically allege any overt act by the petitioner. The petitioner argued that he was innocent and that the accusation against him was vague and omnibus. The State opposed the bail, contending the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act. The Court, considering that the petitioner was not the assailant and that the allegations were not specific to him, granted anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not specifically alleged to have committed the overt act.
- Whether the FIR provides a specific allegation against the petitioner sufficient to deny bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in this circumstance.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 118(2), 190(1), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- firearms offence
- Arms Act
- specific allegation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34543 of 2026
Arising Out of PS. Case No.-750 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Kunal Pandey @ Kunal Kumar S/o Late Vinay Pandey @ Vinod Pandey R/o
Village - Doodha, PS. - Amba, Dist. - Aurangabad. Currently R/o Krishna
Nagar Ahari, P.S. - Nagar, Dist. - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Surabhi Suman, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 190(1), 118(2), 3(5) of
the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., on the instigation of co-accused
Brjesh Sharma, co-accused Chunnu Panday and Ankit Pandey
fired pistol upon the informant as a result of which, he sustained
firearms injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Specific
accusation of firing is against co-accused Chunnu Panday and
Ankit Pandey. So far this petitioner is concerned, allegation is
general and omnibus and there is absolutely no allegation of any
Patna High Court CR. MISC. No.34543 of 2026(2) dt.15-05-2026
2/2
specific overt act against him.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and the fact
that petitioner is not an assailant of the informant, this
anticipatory bail is allowed and it is ordered that let the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Aurangabad in
connection with Aurangabad Town P. S. Case No. 750 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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