Patna High Court
Guddu PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was granted to Manoj Pandey and denied to Guddu Pandey.
Summary
Guddu Pandey and Manoj Pandey were arrested in connection with a land‑related assault case (PS‑423/2024) alleging offences under several sections of the Bihar Non‑Specific (BNS) Act. The petitioners sought pre‑arrest bail, arguing that the dispute was civil in nature and that the injuries were simple. The State opposed the bail. The court examined the FIR, the nature of the injuries, and the seriousness of the allegations, noting that Manoj Pandey’s alleged assault caused only simple injuries, whereas Guddu Pandey was accused of a more serious assault on the informant’s father with a doctor’s opinion pending. The court granted pre‑arrest bail to Manoj Pandey subject to a bond and conditions under Cr.P.C. Section 438(2) and BNS Section 482(2), but refused bail to Guddu Pandey, directing him to surrender and apply for regular bail. The district court was instructed to verify the injuries and consider Guddu Pandey’s bail application.
Issues considered
- Whether pre‑arrest bail should be granted to Manoj Pandey under Cr.P.C. 438(2) and BNS 482(2).
- Whether pre‑arrest bail should be granted to Guddu Pandey given the seriousness of the alleged assault.
- Whether the underlying land dispute can be treated as a civil matter separate from the criminal charges.
Legislation cited
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- land dispute
- assault
- civil vs criminal jurisdiction
- Section 438 Cr.P.C.
- Section 482 BNS
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73660 of 2025
Arising Out of PS. Case No.-423 Year-2024 Thana- RAMNAGAR District- West Champaran
======================================================
1. Guddu Pandey Son of Late Mahadeo Pandey Resident of Village-
Dainmarwo PS -Ramnagar District- West Chamapan
2. Manoj Pandey son of Late Mahadeo Pandey Resident of Village-
Dainmarwo PS -Ramnagar District- West Chamapan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alka Singh, Advocate
For the Informant : Mr.Umesh Prakash, Advocate
For the Opposite Party/s : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 26-02-2026 Heard Ms. Alka Singh, learned counsel appearing on
behalf of the petitioners and the learned APP for the State.
2. Petitioners seek pre-arrest bail in connection with
Ramnagar P.S.Case No.423 of 2024, registered for the offences
punishable under Sections 329(3), 126(2), 115(2), 109(1),
303(2), 351(2), 352 and 3(5) of BNS.
3. As per the allegation made in the FIR, the
petitioners along with the other co-accused persons with an
intention to kill and grab the land of the informant assaulted
them causing injury.
4. Ms. Alka Singh, learned counsel appearing on
behalf of the petitioners submitted that from the FIR itself it
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would appear that there is a land dispute between the parties
relating to entry in the respective house as the petitioner has
allegedly constructed a wall on the said place causing
inconvenience to the informant. She submitted that the dispute
is purely civil in nature and without availing appropriate remedy
before the competent civil court on the basis of the false
accusations, the petitioners have been made accused in the
present case. The petitioner no.1 has one criminal antecedent in
which he is on bail. Learned counsel also submitted that even
the Doctor has opined that the injuries are simple in nature.
5. Mr. Umesh Prakash, learned counsel has tendered
his appearance on behalf of the informant and he has submitted
that the accused persons with an intention to grab the land of
the informant they assaulted, causing them injuries. The land in
question is a common passage and due to construction of a
wall, the same has been causing inconvenience to the informant.
6. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail.
7. Having considered the rival submissions made on
behalf of the parties, as well as, considering the FIR and the fact
that the petitioner no.2 (Manoj Pandey) assaulted the informant
causing injuries to him, which is simple in nature. The petitioner
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no.2 is directed to be released on pre-arrest bail, in the event of
his arrest or surrender before the district court within a period
of four weeks from today, on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned SDJM, Bagaha,West
Champaran in connection with Ramnagar PS Case No.423 of
2024, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./Section 482(2) of BNSS.
8. So far as petitioner no.1 (Guddu Pandey) is
concerned, specific allegation against him is that he had
assaulted the father of the informant on his head and the opinion
of the Doctor in respect of the injuries is reserved. I am not
inclined to enlarge the petitioner on pre-arrest bail.
9. However, the dispute relates to the passage, which
can be resolved amicably between the parties outside the court
or they may avail appropriate legal remedy before the
competent civil court.
10. I find it proper that the petitioner, if so advised, he
may surrender before the learned district court and seek regular
bail.
11. The learned District Court is directed to verify the
injuries, which have been sustained on the person of the father
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of the informant and consider the bail application of the
petitioner no.1 on the same day and pass necessary order on the
basis of materials available on the record in accordance with
law.
12. With the above observation/direction, the present
application stands disposed of.
(Purnendu Singh, J)
chn/-
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