Patna High Court
Pankaj JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipation bail was not granted; the application was dismissed.
Summary
The petitioner, Pankaj Jha, sought anticipation bail in connection with a criminal case (PS Case No. 137 of 2025) alleging assault and discharge of a firearm, resulting in the victim sustaining fractures and gunshot injuries. The charges were framed under Sections 115(2), 126(2), 109(1), 118(2) and 3(5) of the Bharatiya Nyaya Sanhita and Sections 25(1‑Ba), 35 and 27 of the Arms Act. The High Court examined the seriousness of the offences and the risk of the petitioner evading trial. The Court declined to grant anticipation bail, dismissing the petitioner's application. The petitioner was ordered to surrender within two weeks and to apply for regular bail, with the Superintendent of Police directed to ensure compliance.
Issues considered
- Whether anticipation bail should be granted to the petitioner in a case involving assault and discharge of a firearm under the Bharatiya Nyaya Sanhita and the Arms Act
Legislation cited
- Arms Act — s. 25(1‑Ba), 27, 35
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(2), 126(2), 3(5)
Subjects
- anticipation bail
- criminal procedure
- assault
- firearm discharge
- Bharatiya Nyaya Sanhita
- Arms Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91067 of 2025
Arising Out of PS. Case No.-137 Year-2025 Thana- DANDARI District- Begusarai
======================================================
Pankaj Jha S/o Sri Ram Sagar Jha R/o Vill.- Tetari @ Tetri, Ward No. 14, P.s.-
Dandari, Dist.- Begusarai, Bihar- 851211
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the State : Mr.Akshay Lal Pandit, APP
For the Informant : Mr. Kumar Goutam, Advocate
Ms. Priyanshu Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in connection
with Dandari P.S. Case No. 137 of 2025 instituted under
Sections 115(2), 126(2), 109(1), 118(2) and 3(5) of the
Bharatiya Nyaya Sanhita and Sections 25(1-B)a, 35 and 27 of
the Arms Act.
3. The petitioner and other accused persons are said
to have assaulted the victim and has also fired at the victim.
The victim has sustained fracture as well as gun shot injury.
4. Considering the aforesaid facts, I am not inclined
to grant anticipation bail to the petitioner.
5. Accordingly, the application stands dismissed.
Patna High Court CR. MISC. No.91067 of 2025(2) dt.28-01-2026
2/2
6. The petitioner is directed to surrender within two
weeks from today and prays for regular bail, failing which the
Superintendent of Police, Begusarai will take all steps for arrest
of the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Begusarai through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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