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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Pankaj Kumar, was arrested in connection with an assault case (PS Case No. 230/2025) alleging that he and co‑accused attacked an informant and her son with lathis and iron rods on 17‑08‑2025. The petitioner contended that the incident was a mutual fight, that the FIR was lodged 14 days after the alleged assault without justification, and that he has a clean antecedent. The State opposed bail, arguing the seriousness of the offences listed under the Bharatiya Nagarik Suraksha Sanhita (BNS) Act. The Court considered the delay in filing the FIR, the petitioner’s clean record, and the circumstances of the case, and applied Section 482(2) of the BNS Act. It ordered that bail be granted on condition of a Rs.10,000 bond with two sureties, provided the petitioner surrenders within eight weeks. The bail petition was therefore allowed.

Issues considered

  • What is the appropriate exercise of judicial discretion under Section 482(2) of the BNS Act in granting bail?
  • Does the delay of 14 days in lodging the FIR and the petitioner’s clean antecedent justify bail?

Legislation cited

Subjects

  • bail
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • delay in FIR
  • clean antecedent
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39604 of 2026
                    Arising Out of PS. Case No.-230 Year-2025 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Pankaj Kumar Son of Kishun Rai Resident of Village- Hanuman Nagar, P.S.-
                 Gaighat, District- Muzaffarpur




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




                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-06-2026                          Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 126(2), 115(2), 109,

                   74, 303(2), 352, 351(2), 351(3) and 3(5) of BNS Act.

                                3 . The prosecution case in brief, is that on 17.08.2025

                   at about 01:00 PM, this petitioner along with other co-accused

                   persons armed with lathi, danda and iron rod came at the house

                   of informant and started abusing informant and her son Sachin

                   Kumar. Upon objection, accused persons assaulted informant
Patna High Court CR. MISC. No.39604 of 2026(2) dt.23-06-2026
                                            2/3




          and her son by means of lathi, danda, as a result of which they

          sustained injuries.

                       4. It is submitted on behalf of the petitioner that on the

          alleged date and time of occurrence, a free fight took place

          between both the parties in which both sides inflicted injuries on

          each other. The present case is counter blast of Gaighat PS Case

          No. 223 of 2025 which was lodged by petitioner against

          informant and others. Allegation of assault is general and

          omnibus against this petitioner. There is delay of about 14 days

          in lodging the present F.I.R. for which there is no plausible

          explanation which itself creates doubt over the entire

          prosecution case. Petitioner claims clean antecedent.

                       5. Learned counsel for the State opposed the bail

          petition .

                       6 Considering the backdrop of case, clean antecedent

          of the petitioner and other circumstances of the case, in the

          event of arrest or surrender within eight weeks from today, let

          the petitioner, as named above, 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 the learned Court No. II,

          JMFC (East), Muzaffarpur in connection with Gaighat P.S. Case

          No. 230 of 2025 , subject to the conditions laid down under
          Patna High Court CR. MISC. No.39604 of 2026(2) dt.23-06-2026
                                                      3/3




                    section 482(2) of the           Bharatiya Nagarik Suraksha Sanhita ,

                    2023 .



                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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