Patna High Court
Pankaj Kumar @ PuaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners subject to conditions, as the FIR did not specifically allege assault against them and they have a clean antecedent.
Summary
The petitioners, three residents of Jehanabad district, applied for bail fearing arrest in connection with FIR No. 508 of 2025 alleging offences under Sections 191(2), 126(2), 115(2), 109 and 352 of the Bihar Negotiable Instruments Act, 2023. The prosecution alleged that the petitioners, along with others, assaulted the informant and his family with intent to kill. The petitioners contended that they have a clean antecedent and that the FIR contains only a generic allegation against all accused, with no specific charge of assault against them. The court examined the lack of specific allegation and the petitioners' clean record, and consequently ordered bail on the condition of a Rs.10,000 bond, two sureties, and compliance with Section 438(2) of the CrPC, including cooperation with the trial and no tampering with evidence. The bail order also imposed conditions for cancellation if the petitioners fail to appear or conceal antecedents.
Issues considered
- Whether bail should be granted to the petitioners in view of the generic allegations in the FIR and their clean antecedent
- Whether the absence of a specific charge of assault against the petitioners warrants bail under Section 438(2) of the CrPC
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- clean antecedent
- generic allegation
- Section 438 CrPC
- Bihar Negotiable Instruments Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89034 of 2025
Arising Out of PS. Case No.-508 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
1. Pankaj Kumar @ Pua S/O Arun Yadav @ Arun Kumar R/O Village-
Sahbajpur, PS- Kako, Dist- Jehanabad
2. Robin Kumar @ Suraj Kumar S/O Indradeo Yadav @ Indradev Prasad R/O
Village-Sitalgarh, PS-Alipur, Distt-Gaya Presently resident of Village-
Sahbajpur, PS- Kako, Dist- Jehanabad
3. Baima Kumar @ Raushan Kumar S/O Aanandi Yadav R/O Village-
Sahbajpur, PS- Kako, Dist- Jehanabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kumar Saurabh S/O Rajdeo Prasad R/O Deokuli, PO-Sherthuya, PS-Kako,
Distt-Jehanabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Kumari, APP
For the Informant : Mr. Arvind Prasad Singh, Advocate
Mr. Uttam Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Ashok Kumar, learned counsel for the
petitioners, Mr. Arvind Prasad Singh, learned counsel for the
informant as well as Ms. Pushpa Kumari, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Makhdumpur (Tehta) P.S. Case No. 508 of
2025, F.I.R. dated 08.07.2025 for the offences punishable under
Sections 191(2), 126(2), 115(2), 109 and 352 of the BNS, 2023.
3. According to prosecution case, all the accused
Patna High Court CR. MISC. No.89034 of 2025(2) dt.12-01-2026
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persons including these petitioners have assaulted to the
informant and his sister and brother with an intention to kill
them.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. Although the petitioners are named in the F.I.R but from
perusal of the F.I.R it appears that there is no specific allegation
of assault attributed against these petitioners rather there is
general and omnibus allegation against all the accused persons
including these petitioners.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioners and submits that the petitioners
are involved in the present crime in question and with the
common intention they assaulted the informant and his family
members.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent and there is no
specific allegation of assault attributed against these petitioners,
Patna High Court CR. MISC. No.89034 of 2025(2) dt.12-01-2026
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let the petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released 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 the
learned A.C.J.M, 1st, Jehanabad in connection with
Makhdumpur (Tehta) P.S. Case No. 508 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
Patna High Court CR. MISC. No.89034 of 2025(2) dt.12-01-2026
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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