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Patna High Court

Pancham RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

Petitioner Pancham Rai, fearing arrest in a case involving offences under Sections 143, 341, 323, 308, 379, 325 and 506 of the Indian Penal Code, applied for anticipatory bail. He alleged that the facts were similar to a prior case involving Sawaru Rai, where anticipatory bail had been granted. The State opposed the relief. The Court examined the petition, the earlier order dated 7‑7‑2023 in Cr. Misc No. 42581 of 2021, and applied the principle of parity. Relying on Section 482(2) of the Bihar Negotiable Security Act, the Court ordered that the petitioner be released on anticipatory bail if arrested within six weeks, subject to a bail bond of Rs.10,000 and two sureties. The order was conditioned on compliance with the trial court’s directions.

Issues considered

  • Whether anticipatory bail should be granted to Pancham Rai in the pending criminal case
  • Whether the petitioner’s case is sufficiently similar to the earlier Sawaru Rai case to merit the same relief

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • parity principle
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.80503 of 2025
                          Arising Out of PS. Case No.-614 Year-2018 Thana- MANER District- Patna
                 ======================================================
                 Pancham Rai S/o- Sawaru Rai Resident of Village- Nagatola Goriya Asthan
                 PS- Maner, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Manoranjan Kumar
                 For the Opposite Party/s :         Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   17-02-2026                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 143, 341,

                   323, 308, 379, 325 and 506 of the Indian Penal Code.

                              3.    Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that the named accused persons including the petitioner came

                   and assaulted him leading to injury and when his family

                   members came to save him, they were also assaulted by the

                   accused persons causing injury to Harendra Rai and Laxmi Devi

                   and thereafter the accused persons also assaulted Kundan Rai

                   and Shivji Kumar and took away the box containing ornaments

                   etc.
            Patna High Court CR. MISC. No.80503 of 2025(3) dt.17-02-2026
                                                        2/2




                               4.     Learned counsel for the petitioner submits that

                      Sawaru Rai along with three others had approached this Court

                      seeking anticipatory bail by filing Cr. Misc No. 42581 of 2021

                      and the same came to be allowed by an order dated 7-7-2023. It

                      is further submitted that case of the petitioner is similar to the

                      case of Sawaru Rai and three others, thus based on parity,

                      anticipatory bail is sought.

                               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 for the petitioner and taking into consideration the order

                      dated 7-7-2023 in Cr. Misc No. 42581 of 2021, 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)

                      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 Maner P.S. Case No. 614 of 2018, subject to

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



                                                (Satyavrat Verma, J)
Sumit/-
U       T


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