Patna High Court

Pankaj KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioners subject to a bail bond and conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Pankaj Kumar and Shashi Ranjan Kumar, were named in an FIR for assaulting the son and cousin of an informant, alleged to be part of a long‑standing land dispute. They sought anticipatory bail, claiming innocence and that the allegations were vague and unsupported by specific overt acts. The State opposed the bail, arguing the seriousness of the offences listed under the Bihar Negotiable Substances Act. The Court examined the case‑and‑counter‑case dynamics and the nature of the injuries, finding the allegations insufficient to deny bail. Consequently, the Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 10,000 with two sureties each, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged assault and the provisions of the Bihar Negotiable Substances Act
Whether the allegations in the FIR constitute a specific charge sufficient to deny anticipatory bail

Legislation cited

B.N.S. — s. 109, 115(2), 117(2), 118(2), 126(2), 3(5), 351(2), 352
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
assault
land dispute
criminal procedure
Section 482
Bihar Negotiable Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8686 of 2026

                   Arising Out of PS. Case No.-57 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
           1.    Pankaj Kumar S/O Ram Pravesh Bhagat @ Ram Prawesh Bhagat Resident
                 of village- Bulaki tola, P.S.- Rajepur, Dist.- East Champaran.
           2.    Shashi Ranjan Kumar S/O Ram Pravesh Bhagat @ Ram Prawesh Bhagat
                 Resident of village- Bulaki tola, P.S.- Rajepur, Dist.- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Abhishek Kumar, Advocate
                 For the State           :        Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 117(2), 118(2), 109, 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that all the

                   F.I.R. named accused persons, including these petitioners,

                   assaulted son and cousin brother of son of informant due to

                   which they sustained multiple injuries.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.8686 of 2026(2) dt.23-02-2026
                                            2/3




          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, on account of

          long standing land dispute between the parties, maar-peet took

          place in which both sides sustained injuries. There is case and

          counter-case. Allegation of assault is general and omnibus and

          no specific accusation of overt act has been alleged against these

          petitioners. Doctor has found the injuries, allegedly caused by

          these petitioners, simple in nature.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, case and counter-case between the parties and nature of

          injuries sustained by the injured, the prayer for grant of

          anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, East Champaran, Motihari in connection with
             Patna High Court CR. MISC. No.8686 of 2026(2) dt.23-02-2026
                                                         3/3




                       Rajepur P.S. Case No. 57 of 2025, subject to condition as laid

                       down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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