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Patna High Court

Ramesh PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) B.N.S.S.

Summary

The petitioners, four members of the Pandit family, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118(1), 109(1) and 303(1) of the B.N.S. They claimed to have a clean antecedent and alleged that the informant had falsely implicated them in a land‑dispute‑related altercation, during which Shashi Pandit allegedly assaulted the informant and Dinesh Pandit assaulted Rajkumar, and Ravi allegedly stole Rs.20,000. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, held that the petitioners could be released on anticipatory bail provided they furnish bail bonds and sureties and comply with conditions under Section 482(2) of the B.N.S.S. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused under the specified sections of the B.N.S.
  • Whether the allegations constitute a serious offence that warrants denial of bail
  • Whether the petitioners have been falsely implicated in the case

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 118(1), 126(2), 303(1), 482(2)

Subjects

  • anticipatory bail
  • false implication
  • land dispute
  • assault
  • theft
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71623 of 2025
                    Arising Out of PS. Case No.-354 Year-2024 Thana- KOTWA District- East Champaran
                 ======================================================
           1.     Ramesh Pandit S/O Late Ambika Pandit R/O Vill.- Pokhara, P.s- Kotwa,
                  District - East Champaran
           2.    Mokhtar Pandit S/O Late Ambika Pandit R/O Vill.- Pokhara, P.s- Kotwa,
                 District - East Champaran
           3.    Dinesh Pandit S/O Mokhtar Pandit R/O Vill.- Pokhara, P.s- Kotwa, District -
                 East Champaran
           4.    SHASHI PANDIT S/O Kamlesh Pandit R/O Vill.- Pokhara, P.s- Kotwa,
                 District - East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-02-2026                  1. Heard learned counsel for the petitioners and the

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 109(1) and 303(1) of the B.N.S.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that on account of dispute relating to land, Shashi

                   assaulted the informant by farsa causing injury on head,

                   thereafter petitioner no. 1 assaulted Rajkumar by Dabiya
Patna High Court CR. MISC. No.71623 of 2025(2) dt.11-02-2026
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          causing injury on head and Ravi snatched Rs.20,000/- from the

          pocket of his brother.

                       4. Learned counsel submits that petitioners have been

          falsely implicated in the instant case by the informant. It is next

          submitted that from perusal of the allegation as alleged in the

          FIR, it would manifest that on account of dispute relating to

          land, the occurrence is alleged to have taken place. It is also

          submitted that an altercation had taken place in which both sides

          assaulted each other. It is next submitted that from perusal of the

          order impugned, it would manifest the injury suffered by the

          injured has been discussed and from perusal of the same, it

          would manifest that the injury is not grievous nor the order

          impugned records the nature of injury. It is also submitted that

          petitioners are not criminals.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioner above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on anticipatory 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
            Patna High Court CR. MISC. No.71623 of 2025(2) dt.11-02-2026
                                                        3/3




                      trial court where the case is pending/successor court in

                      connection with Kotwa P.S. Case No.354 of 2024, subject to the

                      conditions as laid down under Section 482(2) B.N.S.S.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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