Patna High Court

Pankaj Kumar @ Baleshwar ChandravanshiversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Pankaj Kumar, was arrested in connection with a case alleging assault on an informant and his family under several sections of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, that the charge sheet contains only vague allegations against him, and that the injury to Ravindra Sah was caused by another co-accused. The petitioner had been in custody since 4 October 2025, had no prior criminal record, and a co-accused had already been granted bail. The State opposed the bail application. Considering the lack of specific evidence against the petitioner, the period of custody already served, and the principle of parity with the co-accused, the Court decided to grant bail on the condition of a Rs.15,000 bond with two sureties.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023
Whether the allegations against the petitioner constitute sufficient ground to deny bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352

Subjects

bail
criminal procedure
assault
false implication
land dispute
Bharatiya Nyaya Sanhita
custody
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90339 of 2025
                     Arising Out of PS. Case No.-145 Year-2025 Thana- SURYAPURA District- Rohtas
                 ======================================================
                 Pankaj Kumar @ Baleshwar Chandravanshi Son of Tebhu Chandravanshi
                 Resident of village- Dhodhandih, Ps- Suryapura, Dist- Rohtas

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sudhanshu Kumar, Advocate
                 For the Opposite Party/s :      Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Suryapur

                   P.S. Case No. 145 of 2025 instituted for the offences under

                   Sections      191(2), 190, 126(2), 115(2), 118(1), 109, 303(2),

                   351(2), 352 of the Bharatiya Nyaya Sanhita, 2023.

                           3. Accusation against the accused persons including the

                   petitioner is of assaulting the informant and his family members

                   by means of different weapons, causing serious injury on his

                   forehead. It is further alleged that one Lalji Ram assaulted

                   Rabindra Sah by means of Gahdal on his head.

                           4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.90339 of 2025(2) dt.28-01-2026
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          Learned counsel for the petitioner submitted that general and

          omnibus allegation has been made against the petitioner. No

          specific overt act is alleged against the petitioner. The only

          specific allegation against the petitioner is that he assaulted one

          Ravindra Sah, but he sustained injury on his head and the same

          is attributed to other co-accused person. Learned counsel further

          submitted that there is land dispute between the parties. Charge-

          sheet has been submitted in this case. It has been submitted on

          behalf of the petitioner that the petitioner is in custody since

          04.10.2025 and has no criminal antecedent. The co-accused

          person has already been granted bail by this Court vide order

          dated 29.08.2025 passed in Cr. Misc. No. 41185 of 2025.

                  5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  6. Considering the aforesaid facts and circumstances of

          the case, claim based on parity as also the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                  7. Let the petitioner be released on bail on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Suryapur P.S. Case
           Patna High Court CR. MISC. No.90339 of 2025(2) dt.28-01-2026
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                     No. 145 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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