Patna High Court
Sourav Pandey @ Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The application was dismissed as withdrawn for petitioner no. 1 and allowed with bail for petitioner no. 2.
Summary
The petitioners, Sourav Pandey and Bhola Pandey, sought relief fearing arrest in a case (Ropou P.S. Case No. 147 of 2025) involving multiple offences under the BNS. The first petitioner was arrested during the pendency of the application, and his counsel requested withdrawal of the application on his behalf. The court dismissed the application as withdrawn for petitioner no. 1. For petitioner no. 2, the alleged assault resulted in only a simple injury to the victim. Considering the minor nature of the injury, the court allowed the bail application, directing that petitioner no. 2 be released on bail of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether the bail application should be dismissed as withdrawn for petitioner no. 1 after his arrest.
- Whether bail should be granted to petitioner no. 2 given the simple nature of the injury caused.
Legislation cited
- BNS — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- criminal miscellaneous
- assault
- simple injury
- Section 438 CrPC
- Section 482 BNSS
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89336 of 2025
Arising Out of PS. Case No.-147 Year-2025 Thana- RUPO District- Nawada
======================================================
1. Sourav Pandey @ Saurav Kumar S/O Bhola Pandey R/O Village- Dhanawa,
P.O and P.S- Rupau, Distt.- Nawada.
2. Bhola Pandey S/O Shambhu Pandey R/O Village- Dhanawa, P.O and P.S-
Rupau, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Pandey
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Ropou P.S. Case No. 147 of 2025 registered for
the offence under Sections 126(2), 115(2), 117(2), 109, 303(2),
351(2), 352 and 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
said to have assaulted the victim.
4. It has very fairly been submitted by the learned
counsel for the petitioner that during the pendency of this
application, the petitioner no. 01 has been arrested and he prays
for withdrawal of this application filed on behalf of the
petitioner no. 01.
5. Permission is accorded and accordingly, this
application is dismissed as withdrawn with regard to petitioner
no. 01.
Patna High Court CR. MISC. No.89336 of 2025(2) dt.04-02-2026
2/2
6. So far as petitioner no. 2 is concerned, the
allegation of assault is against the petitioner no. 02 but the
injury caused to the victim is simple in nature.
7. Considering the fact that the injury caused to the
victim is simple in nature, this application is allowed with
regard to petitioner no. 02.
8. Let the petitioner no. 02, above named, in the
event of his arrest or surrender before the concerned 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
Additional Chief Judicial Magistrate, Vth Class,
Nawada/concerned Court below in connection with Ropou P.S.
Case No. 147 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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