Patna High Court
Raju Pandey @ Raju Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115, 118, 126, 3, 308, 351, 352
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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