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Patna High Court

Govind PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, directing their release upon furnishing the prescribed bond and sureties.

Summary

The petitioners, Govind Pandey and Lalan Pandey, were named in an FIR for assaulting the son of an informant with a lathi, causing head injuries, and were charged under several sections of the Bihar Penal Code. The petitioners argued that the injuries were simple in nature and that the allegations were exaggerated, seeking bail. The State opposed the bail application. The court examined the medical report indicating simple injuries and considered the nature of the charges, concluding that the petitioners were eligible for bail. Accordingly, the court ordered their release on bail with a bond of Rs. 10,000 and two sureties each, subject to conditions under Section 482(2) of the BNSS. The bail order was directed to be executed by the concerned court.

Issues considered

  • Whether the petitioners are entitled to bail despite being charged with serious offences under the Bihar Penal Code
  • Whether the nature of the injuries and the facts justify the grant of bail

Legislation cited

Subjects

  • bail
  • assault
  • simple injury
  • neighbourhood dispute
  • Criminal Procedure Code
  • IPC sections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40939 of 2026
                     Arising Out of PS. Case No.-128 Year-2026 Thana- BENIPATTI District- Madhubani
                 ======================================================
           1.     Govind Pandey S/o Sri Lalan Pandey R/o vill - Bise Ladugama, ward no. 4,
                  P.S.- Benipatti, Distt.- Madhubani, Bihar
           2.     Lalan Pandey S/o Sundeshwar Pandey @ Sudeshwar Pandey R/o vill - Bise
                  Ladugama, ward no. 4, P.S.- Benipatti, Distt.- Madhubani, Bihar
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amrit Abhijat, Adv
                                          :        Mr. Ghanshyam, Adv
                 For the Opposite Party/s :        Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   25-06-2026                    Heard the parties.

                                 2. Both petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Benipatti P.S. Case

                   No.128/2026 registered for the offences punishable under Sections

                   126(2), 115(5), 303(2), 351(2), 352, 3(5) and 109(1) BNS.

                                 3. The allegation against petitioners is to assault son of

                   informant during the course of occurrence by using lathi causing

                   head injuries, having intention to cause death of the injured, where

                   occurrence alleged to be arising out of neighborhood disputes and

                   differences.

                                 4. It is submitted by learned counsel appearing on behalf

                   of the petitioners that the allegation as narrated through the FIR in its

                   maximum aggravated form which is apparent from the nature of

                   injury, which is simple. In this context, it is submitted that only two
               Patna High Court CR. MISC. No.40939 of 2026(2) dt.25-06-2026
                                                           2/2




                         injuries were found upon injured/informant in the background of the

                         allegation that he was assaulted indiscriminately by “lathi” on the

                         head of son of the informant and further, these two injuries upon

                         medical examination found simple in nature. It is submitted that

                         allegation of assault against Lalan Pandey, who is the father of

                         petitioner no. 1 qua physical assault is appearing very much general

                         and omnibus in nature as main allegation as per FIR on him is of

                         instigation to petitioner no. 1. Petitioners found involved in two more

                         cases, where they are on bail.

                                       5. Learned APP opposes the prayer of bail.

                                       6. In view of aforesaid factual submission and by taking

                         note of fact as nature of injury as alleged to be caused by this

                         petitioner upon medical examination found simple in nature,

                         accordingly both above-named petitioners, in the event of their arrest

                         or surrender before the court below within a period of four weeks, are

                         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 ACJM-I, Benipatti,

                         Madhubani/concerned Court, where the case is pending in

                         connection with Benipatti P.S. Case No.128/2026, subject to the

                         conditions as laid down under Section 482(2) of BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T


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