Patna High Court
Ankit Pandey @ Vijayanand PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted under Section 438(2) CrPC when the allegations are general and the petitioner has a clean antecedent, subject to appropriate conditions.
Summary
The petitioner, Ankit Pandey, applied for anticipatory bail fearing arrest in a case involving multiple IPC offences and a provision of the Bihar Control of Use and Play of Loudspeaker Act. He asserted a clean antecedent and claimed that the FIR’s allegation of stone‑pelting during a Durga idol immersion was vague and that he was falsely implicated by an informant. The State opposed the bail, arguing the seriousness of the offences. The court examined the nature of the allegations, the petitioner’s background, and the statutory provisions governing anticipatory bail. It concluded that the allegations were general and the petitioner’s clean record warranted relief. Accordingly, the court ordered anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail under Section 438 of the Criminal Procedure Code should be granted in the present case
- Whether the petitioner’s clean antecedent and the general nature of the FIR allegations justify bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 120, 147, 148, 149, 153, 188, 290, 295, 296, 307, 332, 333, 337, 338, 353, 427
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- communal violence
- bail conditions
- Bihar Control of Use and Play of Loudspeaker Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90105 of 2025
Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran
======================================================
Ankit Pandey @ Vijayanand Pandey Son of Gajendra Pandey @ Gajendra
Nath Pandey Resident of Mohalla- Near Coartdevi Mandir, Garhiteer, P.S.-
Bhagwan Bazar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ankur Prakash Sinha, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh-1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 147, 148, 149, 188,
290, 153(A), 295, 295(A), 296, 337, 338, 307, 332, 333, 353,
427 and 120(B) of the Indian Penal Code as well as Section 9 of
Bihar Control of Use and Play of Loudspeaker Act, 1955.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that during immersion of idol of Goddess Durga, both
communities started pelting stones on each other, when the
procession reached near a mosque.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.90105 of 2025(2) dt.18-02-2026
2/2
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that
allegation of pelting stones is general and omnibus in nature. It
is next submitted that petitioner is a resident of nearby place, as
such, he came to be implicated.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, let petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-II, Saran at Chapra in connection with
Bhagwan Bazar P.S. Case No.423 of 2023, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J)
Sanjay/-
U T
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