Patna High Court
Sugriv PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Sugriv Pandit, was arrested in connection with a case alleging assault and firearm injury to the informant's son under multiple sections of the B.N.S., 2023. The petitioner claimed innocence, alleging that the informant fabricated the charges due to a prior land dispute, and highlighted his clean antecedent and that a chargesheet had already been filed. The State and the informant opposed bail, emphasizing the grievous nature of the injuries, including a gunshot wound. The court considered the petitioner’s custody duration, clean record, and the filing of the chargesheet, and found no compelling reason to deny bail. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other stipulated terms.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352
- B.N.S.S. — s. 480(3)
Subjects
- bail
- criminal procedure
- assault
- firearm injury
- clean antecedent
- chargesheet
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69108 of 2025
Arising Out of PS. Case No.-325 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Sugriv Pandit S/o Late Babulal Pandit, Resident of Village- Pathkhauliya,
P.S.- Muffasil, Dist.- East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Pravin Kumar, Advocate
For the State : Mr. Shailendra Kumar Singh, APP
For the Informant : Mr. Prateek Tandon, Advocate
Mr. Rohit Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 05-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Muffasil P.S. Case No. 325 of 2025 dated
25.05.2025, registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 117(2), 109, 352 and 351(2)
read with Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, petitioner and other
co-accused persons assaulted the son of the informant after
entering the house of the informant. When the informant tried to
intervene, her right hand was fractured in the assault by the
petitioner. The co-accused Raj Kumar Pandit shot at the son of
the informant and he received injuries in his scrotum.
Patna High Court CR. MISC. No.69108 of 2025(4) dt.05-01-2026
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4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Some unknown miscreants
committed the assault on the son of the informant as he is a
person of suspected character. Taking advantage of this fact and
in the background of earlier land dispute, the informant had
filed this false, fabricatred and concocted story and implicated
the petitioner and his sons. Learned counsel next submits that
petitioner is having clean antecedent and chargesheet has been
submitted. Learned counsel lastly submits that petitioner is in
custody since 30.05.2025.
5. Learned A.P.P. appearing on behalf of the State
as well as learned counsel for the informant oppose the
submissions made on behalf of the petitioner. Learned counsel
for the informant submits that the son of the informant received
grievous injury caused by fire-arm. He further submits that
injury report supports the allegation of gun shot injury received
by the son of the informant.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner, his clean antecedent and
submission of chargesheet, the petitioner, above-named, is
Patna High Court CR. MISC. No.69108 of 2025(4) dt.05-01-2026
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directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran, Motihari / concerned Court, in
connection with Muffasil P.S. Case No. 325 of 2025, subject to
the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of non-appearance of the petitioner on
single date or in violation of the terms of the bail, the bail bond
of the petitioner will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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