Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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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