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Patna High Court

Pankaj Kumar Rawat @ Pankaj Rawat @ Panka RautversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Pankaj Kumar Rawat, was implicated in a FIR (Amnaur PS Case No. 290 of 2020) alleging assault and other offences arising from a dispute over a bamboo fence during flood conditions. He applied for anticipatory bail, claiming innocence, a clean antecedent, and that the allegations were motivated by a neighbour's ulterior motive. The State opposed the bail, citing the seriousness of the offences listed under the IPC. The Court examined the FIR, noted that the injuries were not grievous and that the petitioner had no prior criminal record. Considering these factors, the Court granted anticipatory bail subject to a bail bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including cooperation with the investigation and verification of antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the allegations under Sections 341, 323, 324, 307, 504, 506 and 34 of the IPC.
  • Whether the petitioner’s clean criminal antecedent and the nature of injuries justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • IPC offences
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • high court order
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87434 of 2025
                        Arising Out of PS. Case No.-290 Year-2020 Thana- AMNAUR District- Saran
                 ======================================================
                 Pankaj Kumar Rawat @ Pankaj Rawat @ Panka Raut Son of Anuth Raut
                 Resident of village- Maksudpur, P.S- Amnaur, District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Singh, Adv
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   23-02-2026                          Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Amnaur P.S. Case No. 290 of 2020, registered for the

                   offence punishable under Sections 341, 323, 324, 307, 504, 506

                   and 34 of the I.P.C.

                                3. The case of the prosecution in short as per the

                   informant is that on 08.08.2020, at around 10 A.M., flood water

                   had entered in the informant's house. At that time, Pankaj Raut

                   was removing the bamboo fence of the informant's house then

                   the informant's daughter said that ‘Please do not remove this

                   fence today as it is very difficult to go out due to the water and
Patna High Court CR. MISC. No.87434 of 2025(3) dt.23-02-2026
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          this fence is the only means of movement’. On this matter, they

          started beating the informant's daughter and pushed her into the

          Water. On protesting, Rajesh Raut, Bhola Raut, Manoj Raut,

          Munni Devi altogether came with their sticks, batons and spades

          and started attacking the informant's son Lalbabu Raut. Pankaj

          Raut hit Lalbabu Raut on the head with the spade in his hand,

          due to which his head got fractured. After throwing him on the

          ground, they started hitting him indiscriminately on his entire

          body with sticks and batons. The informant's son fell

          unconscious on the ground, covered in blood. When Kunti Devi,

          the wife of the informant, went to save him, Rajesh Raut hit on

          her right hand with a stick and spade in his hand, due to which

          both the bones of her hand broke and he became determined to

          kill everyone.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. The

          petitioner has falsely been implicated in the present case due to

          ulterior motive of the informant. He further submits that both

          the parties are neighbour and due to bamboo fence, dispute was

          raised. He further submits that the petitioner has clean

          antecedent.

                       5. Learned A.P.P. for the State opposes the prayer of
Patna High Court CR. MISC. No.87434 of 2025(3) dt.23-02-2026
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          anticipatory bail.

                       6. From the reading of the FIR, it transpires that

          although there is allegation against the petitioner of assaulting

          with ‘kudal’ but the injury report suggests that the injury

          sustained is not grievous in nature and it is also to be noted that

          the petitioner does not have any criminal antecedent. Under

          these circumstances, this Court is inclined to grant privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, named above, in the event of his

          arrest or surrender before the Court below within four weeks

          from today, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Chief Judicial Magistrate,

          Saran at Chapra in connection with Amnaur P.S. Case No. 290

          of 2020, subject to the conditions laid down under section

          482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and

          subject to the further condition that:-

                       (i)    the     petitioner      shall    co-operate   in   the

          investigation/trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioner and in case it is found that

          the petitioner has concealed his criminal antecedent, the Court
              Patna High Court CR. MISC. No.87434 of 2025(3) dt.23-02-2026
                                                          4/4




                        below shall take step for cancellation of bail bond of the

                        petitioner. However, it is expected that the verification process

                        would be done expeditiously without causing any delay.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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