Patna High Court

Pankaj Saw @ Pankaj Kumar SahversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court ordered the release of the petitioners on bail subject to bond and surety conditions.

Summary

Petitioners Pankaj Saw and Dinesh Saw applied for bail, fearing arrest in a case registered under sections 126(2), 115(2), 191(2), 191(3), 190, 109 and 352 of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioners, along with other accused, stopped an informant and assaulted him with an iron rod, causing injury. The petitioners contended they were falsely implicated due to a land dispute and a personal quarrel with the informant, who is their nephew, over funeral expenses, and asserted they have no criminal antecedent. The State opposed the bail. After considering the submissions, the court granted bail to the petitioners, subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether bail should be granted to the petitioners pending investigation under the listed sections of the Bharatiya Nyaya Sanhita
Whether the allegations against the petitioners constitute sufficient ground for denial of bail
Whether the petitioners' claim of false implication and lack of criminal antecedent merit consideration

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 352

Subjects

bail
criminal procedure
false implication
land dispute
assault
Bharatiya Nyaya Sanhita
Section 482
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79211 of 2025
                   Arising Out of PS. Case No.-127 Year-2025 Thana- CHERIYA BARIYARPUR District-
                                                        Begusarai
                 ======================================================
           1.     Pankaj Saw @ Pankaj Kumar Sah S/o Late Bauelal Saw R/o Village -
                  Cheriyabariyarpur, P.S - Cheriyabariyarpur, District - Begusarai
           2.    Dinesh Saw @ Dinesh Sah S/o Late Bauelal Saw R/o Village -
                 Cheriyabariyarpur, P.S - Cheriyabariyarpur, District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Randhir Kumar No.1, Advocate
                 For the Opposite Party/s :      Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   05-01-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under 126(2), 115(2), 191(2), 191(3), 190, 109 and

                   352 of Bharatiya Nyaya Sanhita.

                               3. As per prosecution case, six named accused persons

                   including the petitioners stopped the informant in the way and

                   they abused and assaulted him with iron rod, due to which he

                   sustained injury.

                              4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in the

                   present case due to land dispute. Further submission is that the
Patna High Court CR. MISC. No.79211 of 2025(2) dt.05-01-2026
                                            2/3




          specific allegation of assault is against co-accused Awanish

          Kumar. Learned counsel submits that informant is own nephew

          of the petitioners and on the day of occurrence, some altercation

          took place between them on point of reimbursement of expenses

          made by the petitioners in Shradh ceremony of grandfather of

          informant, due to which informant fallen on the earth and

          sustained some injury and taking the benefit of the same, the

          present case has been filed with ulterior motive. There is case

          and counter case between the parties. Petitioners have no

          criminal antecedent. They undertake to cooperate in the

          investigation and trial.

                          5. Learned A.P.P. appearing on behalf of the State

          opposed the bail application.

                          6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the parties,

          let the above named petitioners be released on bail, in the event

          of arrest or surrender before the learned court below within a

          period of six weeks from today, on furnishing bail bonds of

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

          the like amount each to the satisfaction of learned Additional

          Chief Judicial Magistrate, Manjhaul, Begusarai in connection

          with Cheriyabariyarpur P.S. Case No. 127 of 2025, subject to
            Patna High Court CR. MISC. No.79211 of 2025(2) dt.05-01-2026
                                                        3/3




                      the conditions as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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