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Patna High Court

Golu Kumar Pandey @ Golu PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied to petitioner‑1 but granted to petitioner‑2 subject to conditions.

Summary

The petitioners, Golu Kumar Pandey and Jhunna Kumar Pandey, sought anticipatory bail in a case registered under several sections of the Bihar Negotiable Statutes (BNS) arising from a land‑measurement dispute that allegedly led to assaults and a firearm injury to the informant's mother. The petitioner‑1 was specifically accused of firing at the informant, causing the injury, while petitioner‑2 faced only a general allegation. The State opposed the bail, arguing the seriousness of the firearm allegation and the risk of absconding, whereas the petitioners contended the FIR was vague, especially regarding petitioner‑2, and that the injury report cast doubt on the firearm claim. The court rejected anticipatory bail for petitioner‑1, finding the specific firearm allegation sufficient to deny relief, but granted anticipatory bail to petitioner‑2 subject to a bail bond and sureties, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the BNSS. The order thus partially granted the relief sought, with conditions for petitioner‑2 and denial for petitioner‑1.

Issues considered

  • Whether anticipatory bail should be granted to petitioner‑1 despite a specific allegation of causing firearm injury.
  • Whether anticipatory bail should be granted to petitioner‑2 despite a general, omnibus allegation.
  • Whether the existence of an ongoing investigation and risk of absconding justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • firearm injury
  • FIR
  • land dispute
  • false implication
  • Criminal law
  • Section 438 Cr.P.C.
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89770 of 2025
                   Arising Out of PS. Case No.-147 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
           1.     Golu Kumar Pandey @ Golu Pandey Son of Kameshwar pandey R/o
                  Mangalpur Kala, Ward no. 3, P.S. - Nautan, Distt. - West Champaran.
           2.     Jhunna Kumar @ Jhunna Kumar Pandey @ Jhuna Kumar Son of Arvind
                  Pandey R/o Mangalpur Kala, Ward no. 3, P.S. - Nautan, Distt. - West
                  Champaran.
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 117(2), 109, 352, 351(2) and 3(5) of the BNS.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case and petitioner no. 2 is

                   a person with clean antecedent and the informant alleges that on

                   account of dispute relating to measurement of land, Kameshwar

                   assaulted Ravikant by lathi and iron rod causing fracture of his

                   left leg while Pramod assaulted the informant by an iron rod

                   causing injury on his shoulder and back and also assaulted
Patna High Court CR. MISC. No.89770 of 2025(2) dt.18-02-2026
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          Aman causing injury on his head. Further, on orders of

          Kameshwar, petitioner no. 1 fired missing the informant but

          then his mother received firearm injury on her leg.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that as far as

          petitioner no. 2 is concerned, no specific allegation is alleged

          against him and his case is on a much better footing than

          Pramod Pandey who has been granted the privilege of

          anticipatory bail by an order dated 11.08.2025 in Cr. Misc. No.

          51100 of 2025 passed by a learned Coordinate Bench of this

          Court. It is next submitted that as far as petitioner no. 1 is

          concerned, the allegation against him initially in the FIR is of

          assaulting the side of the informant by rod and thereafter it is

          alleged that he fired at the informant but missed causing firearm

          injury to his mother. It is also submitted that if petitioner no. 1

          had any intention of causing firearm injury then why he would

          have initially used rod for assault. It is further submitted that no

          doubt, in the FIR, it is alleged that petitioner no. 1 fired causing

          firearm injury to the mother of the informant but then the

          Doctor, in the injury report, has recorded suspected firearm
Patna High Court CR. MISC. No.89770 of 2025(2) dt.18-02-2026
                                            3/4




          injury which casts an aspersion on the case of the prosecution as

          to whether the mother of the informant was hit by firearm.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant opposed the prayer for

          anticipatory bail of the petitioners. It is submitted that no doubt,

          the allegation against petitioner no. 2 is general and omnibus in

          nature but then as far as petitioner no. 1 is concerned, there is

          specific allegation against him of causing firearm injury to the

          mother of the informant. It is further submitted that the Doctor

          also has opined that the injury is suspected to be caused by

          firearm. It is next submitted that investigation in the case is

          continuing and if privilege of anticipatory bail is granted to the

          petitioners, the petitioners may abscond.

                       6. After hearing the learned counsel for the parties,

          the Court is not inclined to extend the privilege of anticipatory

          bail to the petitioner no. 1, namely, Golu Kumar Pandey @ Golu

          Pandey, who is alleged to have fired causing firearm injury to

          the mother of the informant, accordingly, his prayer for

          anticipatory bail is rejected.

                       7. As far as petitioner no. 2, namely, Jhunna Kumar

          @ Jhunna Kumar Pandey @ Jhuna Kumar is concerned, let the

          petitioner no. 2, in the event of his arrest or surrender within a
           Patna High Court CR. MISC. No.89770 of 2025(2) dt.18-02-2026
                                                       4/4




                     period of six weeks from today, be released on anticipatory bail

                     on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     the learned trial court where the case is pending/Successor

                     Court in connection with Nautan P.S. Case No. 147 of 2025,

                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C./482(2) of the BNSS.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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