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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
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
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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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