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Patna High Court

Sarwesh Pandey @ Sarwesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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