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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners.

Summary

The petitioners, Pankaj Kumar and Chandan Kumar, were implicated in PS Ahiyapur case No.540 of 2025 for alleged offences under Sections 126(2), 118(2), 109, 118(1) and 3(5) of the B.N.S., accused of burning the victim. They contended that the victim had inflicted the burns on himself and later falsely implicated them, emphasizing their clean antecedent. The State, represented by the informant’s counsel and an A.P.P., opposed the petition for anticipatory bail. The Court examined the claim of innocence, the lack of substantive evidence, and the petitioners’ clean record. Relying on Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the B.N.S., the Court allowed the anticipatory bail application. The petitioners were ordered to furnish a bail bond of Rs 10,000 each with two sureties, subject to the conditions prescribed. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
  • Whether the allegations against the petitioners constitute sufficient ground to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • clean antecedent
  • false implication
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73836 of 2025
                    Arising Out of PS. Case No.-540 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
           1.     Pankaj Kumar S/o Swami Nath Thakur @ Swaminath Thakur R/o Village-
                  Bairya Mohana, Police Station- Ahiyapur, District- Muzaffarpur
           2.    Chandan Kumar S/o Swami Nath Thakur @ Swaminath Thakur R/o Village-
                 Bairya Mohana, Police Station- Ahiyapur, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar S.K., Advocate
                 For the Opposite Party/s :       Mr.Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-03-2026                    Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Ahiyapur P.S. Case No. 540 of 2025 registered

                   for the offence under Sections 126(2), 118(2), 109, 118(1) and

                   3(5) of the B.N.S.

                                   3.    As per the prosecution case, petitioners are

                   alleged to have burnt the victim.

                                    4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case. It is next submitted that the

                   the victim has sustained the burn injury himself and
              Patna High Court CR. MISC. No.73836 of 2025(4) dt.10-03-2026
                                                          2/2




                        subsequently accused the petitioners in the said case. Petitioners

                        have clean antecedent.

                                          5. Learned counsel for the informant as well as

                        learned A.P.P. for the State jointly opposed the prayer for

                        anticipatory bail of the petitioners.

                                        6. Considering the aforesaid facts, this application

                        is allowed.

                                        7. Let the petitioners, above named, in the event of

                        their arrest or surrender before the concerned Court below

                        within four weeks from today, be released on bail on furnishing

                        bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

                        of the like amount each to the satisfaction of the learned C.J.M.,

                        Muzaffarpur/ concerned Court below in connection with

                        Ahiyapur P.S. Case No. 540 of 2025, subject to the conditions

                        laid down in Section 438(2) of the Code of Criminal Procedure,

                        1973 / Section 482 of the BNSS.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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