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Patna High Court

Rajaram PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

Petitioner Rajaram Pandit, a resident of Begusarai, was implicated in a 2015 case (PS No. 453) for offences under IPC sections 326, 307, 120(B) and Arms Act section 27, based on an informant’s allegation that he fired a weapon causing injury. The petitioner, claiming a clean record, argued that the police investigation concluded he was innocent, as reflected in Final Form No. 17 of 2020, yet the trial court later took cognizance in 2022 and issued summons in 2025. He sought anticipatory bail, asserting he would not abscond and would cooperate with the trial. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition of furnishing bail bonds and sureties, subject to Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, and warned that the bail could be cancelled if the petitioner attempts to delay the trial.

Issues considered

  • Whether anticipatory bail can be granted when the investigating police have exonerated the petitioner but the trial court has taken cognizance later.
  • Whether the petitioner is likely to abscond or tamper with the trial process.
  • Application of Section 438(2) CrPC and Section 482(2) B.N.S.S in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • IPC offences
  • Arms Act
  • police exoneration
  • bail conditions
  • Section 438 CrPC
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80323 of 2025
                 Arising Out of PS. Case No.-453 Year-2015 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Rajaram Pandit S/O Jado Pandit Resident of Village- Sharma Tola, Bishanpur
                 Ward No. 42, P.S.- Town, District- Begusarai
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Braj Bhusan Poddar, Advocate
                 For the Opposite Party/s :      Mr. Chandra Sen Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   15-05-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 326, 307

                   and 120(B) of the Indian Penal Code as well as Section 27 of

                   the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that Piyush fired causing firearm injury on his left chest.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is further submitted that the police, after threadbare

                   investigation, came to a considered conclusion that petitioner is

                   innocent and, thus, submitted Final Form No. 17 of 2020 dated

                   25.01.2020 exonerating the petitioner of the allegation. It is next
Patna High Court CR. MISC. No.80323 of 2025(3) dt.15-05-2026
                                            2/3




          submitted that five years thereafter the learned trial court took

          cognizance by an order dated 12.03.2022 and on 16.06.2025 the

          petitioner received summons and thus, apprehends his arrest as

          cognizance has been taken under Section 307 of the Indian

          Penal Code apart from other sections. It is also submitted that

          when one investigating agency, after threadbare investigation,

          came to a considered conclusion that petitioner is innocent,

          whether it would be prudent for the Court to send the petitioner

          to jail based on an order of cognizance which came to be taken

          based on the same police report which exonerated the petitioner

          of the allegation. It is lastly submitted that if the privilege of

          anticipatory bail is granted to the petitioner, the petitioner will

          not abscond rather will cooperate in the trial to prove his

          innocence. It is reiterated and submitted that petitioner is not

          alleged to have fired.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on anticipatory bail

          on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
           Patna High Court CR. MISC. No.80323 of 2025(3) dt.15-05-2026
                                                       3/3




                     with two sureties of the like amount each to the satisfaction of

                     the learned Trial Court where the case is pending/Successor

                     Court in connection with Begusarai Town P.S. Case No. 453 of

                     2015, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  7. However, it is made clear that if the learned Trial

                     Court comes to a conclusion that petitioner, after his release on

                     anticipatory bail, is trying to delay the framing of charge or after

                     framing of charge is trying to delay the trial of the case in any

                     manner, the learned Trial Court, in both the conditions, shall be

                     at liberty to cancel the bail bonds of the petitioner.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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