Patna High Court
Pankaj Saav @ Pankaj Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, subject to conditions under Section 482 of the B.N.S. 2023.
Summary
The petitioner, Pankaj Saav, filed a bail petition fearing arrest in a case registered under multiple sections of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.) and Section 27 of the Arms Act. An informant alleged that during the construction of the Radheshyam Temple, the petitioner and others attacked labourers with stones, bricks, and firearms, though no injuries were reported. The petitioner’s counsel argued that the allegations were vague, lacking any specific overt act against him. The State opposed the bail, contending the seriousness of the charges. The Court, after considering the general nature of the allegations and the absence of concrete injury, granted bail on the condition that the petitioner surrenders within eight weeks and furnishes a bail bond of Rs. 10,000 with two sureties, subject to Section 482 of the B.N.S. 2023.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations of assault and firing under multiple B.N.S. sections and the Arms Act.
- Whether the allegations constitute a specific overt act sufficient to deny bail.
- Whether Section 482 of the B.N.S. 2023 can be invoked to impose conditions on bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 109, 115(2), 118(1), 190, 191(2), 191(3), 196(1), 196(2), 299, 303(2), 351(2), 352, 482, 61(2)
Subjects
- bail
- criminal procedure
- B.N.S.
- Arms Act
- Section 482
- general allegations
- no injury
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87133 of 2025
Arising Out of PS. Case No.-48 Year-2025 Thana- NAYA RAM NAGAR District- Munger
======================================================
Pankaj Saav @ Pankaj Kumar Sah S/o Kamli Saav Resident of Village -
Mahamda, P.S - Naya Ramnagar, District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uttam Kumar Mishra
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-01-2026 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 190, 191(2), 191(3),
115(2), 118(1), 303(2), 109, 352, 351(2), 299, 196(1), 196(2),
61(2) of the B.N.S. and Sections 27 of the Arms Act.
3. Informant alleges that during construction work of
Radheshyam Temple, all the named accused persons including
petitioner and 20-30 unknown attacked labourers with stone,
bricks etc. and also made firing.
4. Learned counsel for the petitioner submits that
allegation is general and omnibus and no specific overt act has
alleged against this petitioner. In the alleged occurrence, no one
sustained injury.
Patna High Court CR. MISC. No.87133 of 2025(3) dt.22-01-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, 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
J.M. 1st Class, Munger in connection with Naya Ramnagar P.S.
Case No. 48 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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