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Patna High Court

Pankaj Kumar @ PuaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                             3/4




          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
                                                        4/4




                      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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