Patna High Court
Bhim Pandit @ Bhim Kumar Pandey @ Bhim PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
The petitioners – Bhim Pandit, Golu Kunwar and Chhapan Kunwar – feared arrest in connection with Bakharpur Police Station Case No. 57 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault causing simple injury. The prosecution claimed the accused had assaulted the victim, while the petitioners contended they were innocent and that the injury was simple and caused by a hard blunt object. The State opposed the petition for anticipatory bail. The Court examined the facts, the nature of the alleged injury and the statutory provisions, and concluded that the petitioners were entitled to anticipatory bail. Accordingly, the Court ordered that, if arrested or surrendered within four weeks, each petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 303(2), 308(4), 308(5), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- assault
- simple injury
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4225 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- BAKHARPUR District- Bhagalpur
======================================================
1. Bhim Pandit @ Bhim Kumar Pandey @ Bhim Pandey Son of Shivji Pandit
R/o Village - Bakharpur, P.S. - Bakharpur, Dist. - Bhagalpur.
2. Golu Kunwar @ Rohit Kunwar Son of Mangal Kunwar R/o Village -
Bakharpur, P.S. - Bakharpur, Dist. - Bhagalpur.
3. Chhapan Kunwar @ Amit Kunwar @ Chhapan Kumar Son of Ganga
Kunwar @ Manglesh Kunwar R/o Village - Bakharpur, P.S. - Bakharpur,
Dist. - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey
For the Opposite Party/s : Ms. Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Bakharpur P.S. Case No. 57 of 2025 registered for offences
under Sections 115(2), 118(1), 117(2), 109, 303(2), 308(4),
308(5), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim causing simple injury.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
Patna High Court CR. MISC. No.4225 of 2026(2) dt.24-02-2026
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offence. He further submits that the injury has been found
simple in nature, caused by hard and blunt substance.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor court in
connection with Bakharpur P.S. Case No. 57 of 2025 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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