Patna High Court
Jitendra PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352
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
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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
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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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