Patna High Court
Pankaj SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, subject to a bond and sureties, as the injury was simple and not causally linked to the death.
Summary
The petitioner, Pankaj Sah, was charged under multiple sections of the IPC for allegedly entering the informant's house, abusing and assaulting the informant and his husband, and causing a simple injury with the butt of a pistol. The informant's husband later died, but the death was attributed to disease, and the chargesheet was filed under Section 307 (attempt to murder) rather than Section 302. The petitioner argued that the allegation of causing the fatal injury was not specific, the injury was simple, there was a two‑day delay in lodging the FIR, and the dispute stemmed from a land conflict between agnates. The State opposed bail, citing the husband's death. The Court, considering the simple nature of the injury, the lack of causation for death, and the surrounding circumstances, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner despite charges under multiple IPC sections including attempted murder.
- Whether the injury caused by the petitioner is simple and not the cause of the informant's husband's death.
- Whether the delay in filing the FIR and the underlying land dispute affect the bail decision.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 147, 149, 307, 323, 324, 325, 341, 354, 379, 504, 506
Subjects
- bail
- Indian Penal Code
- Criminal Procedure Code
- attempted murder
- simple injury
- land dispute
- delay in FIR
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79046 of 2025
Arising Out of PS. Case No.-486 Year-2024 Thana- SAHARSA SADAR District- Saharsa
======================================================
Pankaj Sah S/O Sikander Sah R/o village - Kahra, ward no.- 24/42, P.S and
Dist.- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
For the Informant : Mr. Janinendra Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner apprehends his arrest for the offences
punishable under Sections 147, 149, 341, 323, 324, 325, 307, 354,
379, 504 and 506 of the Indian Penal Code.
3. The allegation in the first information report is that
all the accused persons including the petitioner entered into the
house of the informant and indulged in abuses and assault.
4. Learned counsel for the petitioner submits that the
allegation is not specific upon the petitioner to have caused injury
by means of butt of the pistol on the head of the informant’s
husband. However, the injury report would show the injuries
simple in nature caused therefrom. It is further submitted that
both the parties are agnates having land related dispute and
further there is delay of two days in lodging the F.I.R.
5. Learned counsel for the informant opposed the bail
petition on the ground that the informant’s husband had
Patna High Court CR. MISC. No.79046 of 2025(3) dt.21-01-2026
2/2
subsequently died.
6. From perusal of the case diary, it would appear that
the husband of the informant died on account of some disease
and, as a matter of fact, the chargesheet has been submitted on
19.12.2025 under Section 307 and other allied sections of the
Indian Penal Code and not under Section 302 of the IPC.
7. Taking into consideration the facts and circumstances
of the case and also considering the fact that the injury
attributable to the petitioner is simple in nature coupled with the
fact that there is case and counter case on account of land dispute,
let the above named petitioner, be released on bail, in the event of
his arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below where
the case is pending/ successor Court in connection with Saharsa
Sadar P.S. Case No.486 of 2024, subject to the condition as laid
down under Section 438 (2) of the Cr.P.C./482 (2) of the B.N.S.S.
(Soni Shrivastava, J)
Trivedi/-
U T
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