Patna High Court
Satyendra Kumar @ Satyendra Pandit @ Satyendra Kumar PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Satyendra Kumar, applied for anticipatory bail in a case where he was alleged to have assaulted his brother, the informant, with an iron rod, causing simple head injuries, while a co-accused assaulted the informant's hand. The FIR listed offences under Sections 126(2), 115(2), 118(1), 109, and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner’s counsel argued that the allegations were false, there was no motive, and the injuries were minor, emphasizing the brotherly relationship and a land dispute background. The court considered these facts, the nature of the injuries, and the relationship, and found no justification to deny bail. Accordingly, the court granted anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to a bail bond and sureties. The order directed release upon arrest or surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under the specified sections of the Bhartiya Nyaya Sanhita, 2023
- Whether the nature of injuries and familial relationship justify the exercise of discretion under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
Subjects
- anticipatory bail
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- simple injuries
- brother relationship
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5869 of 2026
Arising Out of PS. Case No.-376 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Satyendra Kumar @ Satyendra Pandit @ Satyendra Kumar Pandit Son of
Babu Ram Pandit Resident of Village- Vijaipur Mod, Ward No. 2, P.S.-
Mairwa, Distt.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Anupam
For the Opposite Party/s : Mr. Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 15-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Mairwa Police Station Case No. 376 of 2025, dated
08.09.2025, disclosing offences punishable under
Sections 126(2)/115(2)/118(1)/109/3(5) of the Bhartiya
Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 07.09.2025, at about 9 AM, the petitioner
assaulted the informant on his head by iron rod, due to
which he sustained injury on his head and co-accused Ajit
Kumar Pandit assaulted the informant by lathi on his
hand, due to which he sustained injury in his left hand.
Patna High Court CR. MISC. No.5869 of 2026(5) dt.15-04-2026
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Other accused persons also assaulted him.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case. She further submits that no motive has been
assigned for the alleged occurrence. There is land dispute
between the parties and the informant and the petitioner
are full brothers. She next submits that the injuries
sustained by the informant are simple in nature.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the injuries sustained by the informant are simple in
nature and the informant as well as the petitioner are full
brothers, I am inclined to grant the petitioner privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-IV, Siwan, in
connection with Mairwa Police Station Case No. 376 of
Patna High Court CR. MISC. No.5869 of 2026(5) dt.15-04-2026
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2025, subject to the condition laid down under Section
482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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