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Patna High Court

Sahendra PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail.

Summary

Sahendra Pandey was arrested in connection with an assault on an informant, alleged to involve both a firearm and a sharp weapon, under several sections of the B.N.S., 2023 and the Arms Act. The petitioner claimed innocence, arguing that the FIR was ante‑dated, that there were inconsistencies between the FIR and the medical injury report, and that the delay in filing the FIR was unexplained. He also pointed out that the medical report indicated a superficial knife injury and that the gunshot wound could not have been caused by a sharp‑edged weapon. The informant’s counsel opposed bail, asserting that the petitioner was the main assailant, while the court noted that a co‑accused had previously been granted bail in a similar case. Considering the doubtful evidence, the delay in FIR registration, and the precedent of bail to the co‑accused, the court decided to enlarge the petitioner on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the FIR and medical evidence.
  • Whether the delay in filing the FIR and alleged inconsistencies in the injury report justify granting bail.
  • Whether the precedent of bail granted to a co‑accused influences the bail decision.

Legislation cited

Subjects

  • bail
  • FIR delay
  • medical evidence
  • assault
  • Arms Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80662 of 2025
                     Arising Out of PS. Case No.-62 Year-2025 Thana- NARAINPUR District- Bhojpur
                 ======================================================
                 Sahendra Pandey S/O Late Ram Awadesh Pandey R/O Vill.- Chasi, P.S-
                 Narayanpur,Dist.- Bhojpur

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Vinod Kumar Pandey S/O Late Ram Pujan Pandey R/O Vill.- Chasi, P.S-
                 Narayanpur, Dist.- Bhojpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Akanksha Malviya, Advocate
                 For the Informant        :      Mr. Amarendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   16-01-2026                  Heard learned counsel for the petitioner, learned

                   counsel for the Informant and learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Narayanpur P.S. Case No. 62 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 118(1), 109,

                   352, 351(2), 3(5) of the B.N.S., 2023 and Section 27 of the

                   Arms Act.

                                3. The case of the prosecution is that co-accused

                   persons have assaulted the informant with gunshot and this

                   petitioner has assaulted with sharp edge kaata (angular blade

                   tool) and knife on the head of the victim indiscriminately. After

                   that the informant raised an alarm, and villagers arrived and
Patna High Court CR. MISC. No.80662 of 2025(3) dt.16-01-2026
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          rescued the informant.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that from perusal of the FIR, it is clear

          that the occurrence took place on 15.06.2025 at 07:00 PM. It has

          also been submitted that from perusal of the injury report, it

          transpires that the date and time of examination are the same. It

          has been argued that it is not possible for the victim to be

          examined by the doctor at the very time of the occurrence itself.

          It is further submitted that the FIR was filed on 15.06.2025 at

          08:40 AM and the same was brought before the Judicial

          Magistrate on 20.06.2025. The delay in forwarding the FIR has

          not been explained. He also submits that all these goes to show

          that the FIR is ante-dated, and from perusal of the injury report,

          it is also clear that the first injury is a single penetrative wound

          of size 1.5 cm x 1.5 cm with charring around the edges over the

          interior chest wall, penetrating a gunshot wound, most likely an

          entry wound. Learned counsel for the petitioner also submits

          that in gunshot injuries, penetrative wounds are not possible.

          The informant has received three more injuries, and it is alleged

          that these injuries were caused by sharp-edged weapons, but the
Patna High Court CR. MISC. No.80662 of 2025(3) dt.16-01-2026
                                            3/4




          doctor has found that the injuries were caused by hard and blunt

          object. There is no repetition of the gunshot blow, and the

          description of the gunshot injury, which starts with the word

          ‘single penetrative wound,’ itself creates doubt. Learned counsel

          for the petitioner has further submitted that the petitioner is

          languishing in judicial custody since 20.06.2025. Learned

          counsel for the petitioner has lastly submitted that similarly

          situated co-accused Sudhir Pandey @ Pintu Pandey has been

          granted bail by this Court vide Cr. Misc. No. 69621 of 2025.

          The case of this petitioner stands on better footing.

                       5. From perusal of the order of the learned trial court

          it is clear that the trial court has recorded that on the person of

          the informant, injury of knife found which has been described

          that the Doctor has opined “on scalp skin deep injury of the size

          of 7cm x 2cm was found”. Learned counsel for the petitioner

          has submitted that the allegation against the petitioner is that he

          has assaulted with sharp cutting weapon, whereas firearm injury

          has also been found on the person of the informant which is not

          attributed to this petitioner. Injury, if any, caused by this

          petitioner is superficial as the same is skin deep.

                       6. Learned counsel for the Informant is present and he

          has vehemently opposed the bail application of the petitioner
            Patna High Court CR. MISC. No.80662 of 2025(3) dt.16-01-2026
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                      and has submitted that the petitioner is the main assailant.

                                   7. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. Ten Thousand only) with two sureties

                      of the like amount each to the satisfaction of learned court of

                      Sessions Judge, Bhojpur at Ara in connection with Narayanpur

                      P.S. Case No. 62 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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