Patna High Court
Gudan Pasi @ Rambalak Pasi @ Guddu PasiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond of Rs.10,000 and two sureties, under the conditions of Section 482 of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Gudan Pasi, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 118(1), 118(2), 109 and 3(5) of the Bhartiya Nyaya Sanhita. The FIR alleged that on 27 November 2025 he demanded money from the informant’s son while the latter was driving a water tanker, and upon refusal, assaulted him with a sharp weapon causing simple injuries. The petitioner pleaded innocence, claimed the allegations were vague, and highlighted his clean antecedent. The State opposed the bail application. Considering the modest nature of the injuries and the petitioner’s clean record, the Court ordered anticipatory bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under Sections 126(2), 118(1), 118(2), 109 and 3(5) of the Bhartiya Nyaya Sanhita.
- Whether the nature of the alleged injury and the petitioner’s clean antecedent justify the grant of bail.
- Whether Section 482 of the Bhartiya Nyaya Sanhita can be invoked to impose conditions on the bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 118(1), 118(2), 126(2), 3(5), 482
Subjects
- anticipatory bail
- assault
- injury
- clean antecedent
- Bhartiya Nyaya Sanhita
- Section 482
- bail bond
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8489 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- KHAIRA District- Jamui
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Gudan Pasi @ Rambalak Pasi @ Guddu Pasi Son of Late Narayan Pasi
Resident of Village- Hariharpur (Changoidih), P.S.- Khaira, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 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 offence under Sections 126(2), 118(1), 118(2),
109 & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., on 27.11.2025 at about 5 PM, when
son of informant was driving a water tanker, this petitioner
asked him to stop and demanded money from him and on
refusal by informant’s son, this petitioner assaulted informant’s
son on his neck and thumb with a sharp weapon, causing injury.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Allegation is general and omnibus. Injuries, allegedly caused by
petitioner, are simple in nature. Petitioner claims clean
antecedent.
Patna High Court CR. MISC. No.8489 of 2026(2) dt.23-02-2026
2/2
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
6. Considering the nature of injury and clean
antecedent, in the event of arrest/surrender within a period of
eight weeks from today, let the above named petitioner be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Jamui in
connection with Khaira P.S. Case No. 488 of 2025, subject to
condition as laid down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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