Patna High Court
Govind PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Penal Code — s. 109(1), 115(5), 126(2), 303(2), 3(5), 351(2), 352
- BNSS — s. 482(2)
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
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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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