Patna High Court
Panchu Yadav @ Panchu Kumar @ Pachu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The petition for bail is allowed, and the petitioner is to be enlarged on bail subject to conditions under Section 482(2) of the B.N.S.S 2023.
Summary
Petitioner Panchu Yadav applied for bail in a case (Banka P.S. Case No.207 of 2023) involving multiple IPC offences including rioting, assault, and attempt to murder. He alleged that he was falsely implicated in a land‑dispute incident where a JCB was damaged and the informant’s family was assaulted, claiming the allegations were general, the injuries simple, and that he has no prior criminal record. The State opposed bail. The Court noted the simplicity of the injuries, the omnibus nature of the allegations, and the fact that a coordinate bench had earlier enlarged bail for thirteen co‑accused in a similar matter. Accordingly, the Court ordered that the petitioner be enlarged on bail upon arrest or surrender, subject to a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the B.N.S.S 2023. The bail order is conditional on disclosure of any concealed criminal antecedents or false statements.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged.
- Whether the general and omnibus nature of the allegations and the simple injury justify bail.
- Whether the earlier enlargement of bail for co‑accused by a coordinate bench influences the bail decision.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- anticipatory bail
- IPC offences
- land dispute
- simple injury
- Section 482
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.685 of 2026
Arising Out of PS. Case No.-207 Year-2023 Thana- BANKA District- Banka
======================================================
Panchu Yadav @ Panchu Kumar @ Pachu Kumar, S/o Nankeshwar Yadav,
Resident of village - Gonra, P/S- Banka, District – Banka.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Md. Najmul Hodda, Advocate
For the State : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Banka P.S. Case No.207 of 2023,
dated.02.04.2023, registered for the offences punishable under
Sections 143, 149, 341, 323, 324, 504, 506, 325, 307 of the
Indian Penal Code.
3. As per allegation, when the Informant called one
JCB machine, all the accused persons surrounded the JCB and
damaged it and they also assaulted the brother and daughter of
the informant causing injury on the person of the informant as
well as his brother and daughter.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.685 of 2026(2) dt.28-01-2026
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case. He further submits that on account of land dispute this
occurrence had taken place when the informant called the JCB
machine and the allegation of assault is general and omnibus in
nature and there is no specific role alleged against any of any of
the accused persons. He also submits that the alleged injury
caused is simple in nature. He further submits that similarly
situated thirteen co-accused have been enlarged by a co-ordinate
Bench of this Court vide order dated 24.07.2025 passed in Cr.
Misc. No. 44788 of 2025.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the simple nature of injury, general and
omnibus nature of allegation and enlargement of the co-accused
persons on anticipatory bail by a co-ordinate Bench of this
Court, this petition is allowed, directing the petitioner, above-
named, to be enlarged on bail, in the event of his arrest or
surrender before the court below within a period of eight weeks
Patna High Court CR. MISC. No.685 of 2026(2) dt.28-01-2026
3/3
from the date of receipt / production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Banka P.S. Case No.207 of 2023, subject to the conditions
as laid down under Section 482 (2) of the B.N.S.S 2023, and
on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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