Patna High Court
Sarwesh Pandey @ Sarwesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Petitioner Sarwesh Pandey sought anticipatory bail after learning that he might be arrested in a case involving alleged offences under Sections 190(1), 118(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR records that co‑accused fired a pistol at an informant, causing injuries, and alleges that the petitioner helped the accused flee, though no specific overt act is attributed to him. The petitioner asserted his innocence, clean antecedent and that he is not named in the FIR. The State opposed the bail. Considering the nature of the accusation, lack of direct involvement and the petitioner’s clean record, the Court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations of aiding the accused and the nature of the offences.
- Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, justify the grant of bail.
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
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34590 of 2026
Arising Out of PS. Case No.-750 Year-2025 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Sarwesh Pandey @ Sarwesh Kumar S/o Pramod Pandey R/o Village -
Dhundha, P.S - Amba, District - Aurangabad. Currently Residing at - Krishna
Nagar Ahari, P.S - Nagar, District - 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. Umeshanand Pandit, 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. Petitioner
is not named in the F.I.R. and his name transpired during
investigation. Specific accusation of firing is against co-accused
Chunnu Panday and Ankit Pandey. Only material that has come
Patna High Court CR. MISC. No.34590 of 2026(2) dt.15-05-2026
2/2
against petitioner is that he helped the accused persons in
fleeing away. There is absolutely no allegation of any specific
overt act against petitioner. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
antecedent, 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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