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Patna High Court

RAJU KUMAR PANDEY @ RAJ KUMAR PANDEYversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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