Patna High Court
Ram Prakash PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the stipulated bond and conditions.
Summary
The petitioners, three residents of Shahpur village, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault on the informant's family using iron rods and sticks. The FIR alleged that the petitioners participated in the assault, causing simple injuries. The petitioners claimed innocence and argued that the allegations were vague and the injuries minor. The State opposed the bail, contending the seriousness of the offences. The Court examined the nature of the accusations, the extent of injuries, and the presence of a case‑and‑counter‑case, and concluded that anticipatory bail was appropriate. Accordingly, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged assault and the injuries sustained justify denial of bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 303, 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- assault
- criminal procedure
- bail conditions
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5147 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- Chhaudahi District- Begusarai
======================================================
1. Ram Prakash Pandit S/o- Late Muni Lal Pandit Resident of village- W. No-
3, Shahpur PS- Chaurahi Distt- Begusarai
2. Asheshar Pandit S/o- Late Nokhe Pandit Resident of village- W. No- 3,
Shahpur PS- Chaurahi Distt- Begusarai
3. Sushil Pandit @ Sushil Kumar Pandit S/o- Ram Chandara Pandit Resident of
village- W. No- 3, Shahpur PS- Chaurahi Distt- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109(1),
74, 303, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., all the named accused persons,
including these petitioners, abused and assaulted husband, son
and daughter-in-law of the informant by means of iron rod,
sticks as a result of which they sustained injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.5147 of 2026(2) dt.03-02-2026
2/2
Allegation of assault is general and omnibus. Injuries sustained
by the injured are simple in nature. Case and counter case.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, injuries and
case and counter case, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Sub-Divisional Judicial
Magistrate, Manjhaul, Begusarai in connection with Chaurahi P.
S. Case No. 81 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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