Patna High Court
RAJU KUMAR PANDEY @ RAJ KUMAR PANDEYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to each petitioner, directing release on a bond of Rs 10,000 each with two sureties, subject to Section 482(2) CrPC conditions.
Summary
The petitioners, Raju Kumar Pandey and three co‑accused, were charged under IPC sections 392, 504 and 34 for allegedly robbing a complainant of Rs 25,000 and threatening him with a pistol. They filed a bail petition, contending that the allegations were vague, arose from local rivalry, and that an FIR for the same incident had only been lodged on 4 January 2026 despite an earlier complaint in 2022. The State opposed bail. The court examined the police report and noted that the FIR had already been filed for proper investigation, and that the nature of the accusations did not preclude bail. Relying on Section 482(2) of the Code of Criminal Procedure, the court directed that each petitioner be released on bail with a bond of Rs 10,000 and two sureties, subject to conditions. The bail order was made effective for four weeks pending further proceedings in the trial court.
Issues considered
- Whether bail should be granted to the accused pending trial for offences under IPC sections 392, 504 and 34.
- Whether the delay in lodging the FIR after the complaint affects the grant of bail.
- Whether Section 482(2) of the Code of Criminal Procedure can be invoked to release the accused on bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 34, 392, 504
Subjects
- bail
- IPC
- robbery
- intimidation
- Section 482
- Criminal Procedure
- complaint case
- East Champaran
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35231 of 2025
Arising Out of PS. Case No.-2731 Year-2023 Thana- EAST CHAMPARAN COMPLAINT
District- East Champaran
======================================================
1. RAJU KUMAR PANDEY @ RAJ KUMAR PANDEY S/O LATE JAGAT
PANDEY R/o vill - Dumariya, P.S.- Dumariyaghat, Distt.- East Champaran.
2. Abhimanyu Sah, S/o Late Bhagat Sah, R/o vill - Pakri, P.S.- Dumariyaghat,
Distt.- East Champaran
3. Abhishek Kumar @ Abhishek Sah, S/o Bharat Sah R/o vill - Pakri, P.S.-
Dumariyaghat, Distt.- East Champaran.
4. Rabiahanka Sah @ Ravishankar Sah S/o Bharat Sah R/o vill - Pakri, P.S.-
Dumariyaghat, Distt.- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Shrikant Pathak S/o Late Shomeshwar Pathak R/o vill - Dumariya, P.S.-
Dumariya, Distt.- East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 22-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioners apprehending their arrest in
connection with Complaint Case No. 2731 of 2023 registered for
the offences punishable under Sections 392, 504/34 of the Indian
Penal Code.
3. As per complaint petition, petitioner no. 1 usually
takes bribe in connection with Awash Yojna, Pension Yojna and
Patna High Court CR. MISC. No.35231 of 2025(6) dt.22-01-2026
2/3
ration card etc. He took money for above works but do not do work
as assured and to create good impression amongst public at large,
he forced others to tell a lie suggesting that he has a good
connection amongst officers. On the date of occurrence, when the
complainant approached them to obtain certified copy, other notice
book and peon book, petitioner no. 2 pushed him, petitioner no. 1
abused him and snatched gold Hanumani from the neck, which
was worth of Rs. 25,000/- All petitioners alleged to put Nalkatua
(country made pistol) on left temple of complainant.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that for the said false occurrence out of
local disputes and differences and routine work rivalry, one petition
qua occurrence was given before S.D.J.M., Sangrampur in 2022
itself, but on the basis of same no FIR was lodged till the date of
filing of present petition. It is submitted that the allegation qua
petitioners are very much general and omnibus in nature and
further the allegation of putting Nalkatua on left temporal region
of the complainant and further to take away cash of Rs. 25,000/-
appears only to aggravate the allegation.
5. Learned APP opposed the prayer of bail.
6. Upon perusal of report as made available to this
Court by SHO, Dumariaghat Thana dated 11.01.2026, which is
Patna High Court CR. MISC. No.35231 of 2025(6) dt.22-01-2026
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Annexure-R/1 of the present petition, it appears that for the
information given to S.D.J.M., Sangrampur in year 2022, the FIR
was lodged against petitioners on 04.01.2026 as FIR No. 5/26.
7. In view of aforesaid factual submissions and by
taking note of nature of accusation coupled with the fact that for
the same occurrence FIR already instituted for appropriate police
investigation, accordingly, above named petitioner, in the event of
their arrest or surrender before the learned trial Court, within a
period of four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of the
learned District & Addl. Sessions Judge-2, East Champaran,
Motihari/concerned Court, where the case is pending in connection
with Complaint Case No. 2731 of 2023 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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