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Patna High Court

Raju Pandey @ Raju Kumar PandeyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted; the application was dismissed.

Summary

The petitioner, Raju Pandey, filed an anticipatory bail application fearing arrest in a case (Ara Nawada P.S. Case No.133 of 2026) involving multiple offences under the Bharatiya Nyaya Sanhita, 2023, including threats with a pistol, abuse and assault captured on CCTV. The prosecution alleged that the petitioner threatened the victim with a firearm and assaulted him, invoking sections 126(2), 115(2), 118(1), 109(1), 308(3), 351(2), 352 and 3(5) of the BNS. The High Court, after hearing counsel, considered the seriousness and gravity of the alleged offences and decided not to extend the privilege of anticipatory bail. Consequently, the application for anticipatory bail was dismissed, though the petitioner was permitted to surrender within four weeks and seek regular bail. The court clarified that its observations were limited to the anticipatory bail application and would not prejudice later proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature and gravity of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • criminal law
  • Bharatiya Nyaya Sanhita
  • threat with firearm
  • assault
  • high court
  • bail procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38180 of 2026
                    Arising Out of PS. Case No.-133 Year-2026 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Raju Pandey @ Raju Kumar Pandey Son of Birendra Pandey R/O Vill-
                 Rampur Milki, P.S.- Ara Mufassil, District- Bhojpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Kahkashan Alam
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Ara Nawada P.S. Case No. 133 of 2026 registered for offences

                   under Section(s) 126(2), 115(2), 118(1), 109(1), 308(3), 351(2),

                   352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is alleged

                   to have threatened the victim with a pistol, abused and assaulted

                   him. The assault was captured in CCTV footage.

                                4. Considering the nature and the gravity of the

                   offence, this Court is not inclined to grant the privilege of

                   anticipatory bail to the petitioner in the present case.

                                5. Accordingly, the application for anticipatory bail is

                   hereby dismissed.
            Patna High Court CR. MISC. No.38180 of 2026(2) dt.16-06-2026
                                                        2/2




                                   6. However, the petitioner may surrender before the

                      Court below within four weeks from today and pray for regular

                      bail, if so advised.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioner at any

                      subsequent stage of the proceedings.



                                                      (Sandeep Kumar, J)
Shishir/-

U       T


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