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Patna High Court

Jitendra PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with conditions, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Jitendra Pandey, was arrested in connection with a case alleging assault, robbery and other offences under the Bharatiya Nyaya Sanhita, 2023. The informant claimed that Pandey and co‑villagers attacked him and his son, looted cash and a gold chain, and used a knife and pistol butt. Pandey’s counsel argued that the allegations stem from an old enmity, the injuries were minor, and the petitioner was falsely implicated, also disputing the claim of prior criminal antecedents. The State opposed bail, emphasizing the seriousness of the assault and the petitioner’s alleged criminal record. The High Court, applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, conditional on surrender within six weeks. The order reflects the court’s assessment that the petitioner's claim of false implication and the nature of the injuries warrant bail despite the pending charges.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
  • Whether the alleged offences under the Bharatiya Nyaya Sanhita, 2023, warrant denial of bail given the petitioner’s alleged criminal antecedents.
  • Whether the petitioner’s claim of false implication and the minor nature of injuries affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarika Suraksha Sanhita
  • assault
  • robbery
  • false implication
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42006 of 2025
                         Arising Out of PS. Case No.-345 Year-2024 Thana- SIMRI District- Buxar
                 ======================================================
                 Jitendra Pandey Son of Late Visheshwar Pandey Resident of Village - Simri
                 (Bakulaha Patti), Police Station - Simri, District - Buxar.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shashank Shekhar, Advocate
                 For the Opposite Party/s :        Mr.Binod Kumar, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   05-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Simri P.S. Case No. 345 of 2024 instituted for the offence

                   under Sections 191(2), 190, 126(2), 115(2), 351(2), 352, 303(2)

                   & 109 of the Bharatiya Nyaya Sanhita, 2023.

                               3. The informant alleges that the accused, who are his

                   co-villagers and involved in illegal liquor and ganja trade,

                   attacked him and his family due to old enmity. On 10.12.2024,

                   they intercepted and assaulted the informant and his son Akash

                   Raj Pandey with a knife and gun butt, causing serious injuries.

                   During the assault, they also looted cash and a gold chain, and

                   fled after issuing threats.

                               4. It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.42006 of 2025(6) dt.05-02-2026
                                            2/3




          the petitioner is in custody since 10-01-2025. Petitioner bears

          eight criminal antecedents, as per disclosure made in paragraph

          No. 3 of the bail application.

                      5. It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case due to prior enmity and the blackmailing nature of the

          informant. Even if the allegations are accepted, the injury

          caused was simple and on non-vital, indicating no intent to

          cause serious harm. The incident arose out of a monetary

          dispute, and the informant has a history of criminal conduct

          himself. It has been submitted on behalf of the petitioner that the

          petitioner has no criminal antecedent.

                      6. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. The

          petitioner has assaulted the informant by means of butt of the

          pistol.

                       7. Considering the aforesaid facts and circumstances

          of the case, let the petitioner above named, in the event of

          arrest/surrender before the learned Court below within a period

          of six weeks from today, be released on anticipatory bail on

          furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

          with two sureties of the like amount each to the satisfaction of
           Patna High Court CR. MISC. No.42006 of 2025(6) dt.05-02-2026
                                                       3/3




                     Court below/concerned Court in connection with Simri P.S.

                     Case No. 345 of 2024, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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