Patna High Court
Pankaj Kumar Rawat @ Pankaj Rawat @ Panka RautversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
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
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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
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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
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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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