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Patna High Court

Anshu Kumar Pandey @ Chhotu @ Anshu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted pre‑arrest bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Anshu Kumar Pandey, was implicated in a violent incident where he allegedly assaulted the husband of an informant with an iron rod, alongside other accused who committed various offences. He sought pre‑arrest bail, arguing that no injury was found on the alleged victim and that the case stemmed from personal enmity. The State opposed bail, emphasizing the specific allegation of a blow to a vital part of the body. The court examined the medical report confirming the absence of injury and noted that other co‑accused had already been granted bail. Consequently, the court ordered that the petitioner be released on bail, subject to a cash bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order also required the bail to be furnished within four weeks of receipt.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the allegations of assault under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the absence of medical injury negates the prima facie case required for denial of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • criminal procedure
  • assault
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91220 of 2025
                   Arising Out of PS. Case No.-41 Year-2025 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Anshu Kumar Pandey @ Chhotu @ Anshu Kumar Son of Late Vinay Kumar
                 Pandey Resident of village -Rasalpur Baghla PS -Chakmehsi Distt
                 -Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dwij Raj, Adv.
                 For the Opposite Party/s :      Mr. Pawan Kumar Chaurasia, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                    Heard learned Advocate appearing on behalf of the

                   petitioner and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends his arrest in connection

                   with Chakmenhasi P.S. Case No. 41 of 2025, registered for the

                   offences punishable under Sections 329(4), 126(2), 115(2),

                   303(2), 118(1), 352, 351(2), 76, 3(5) and 109 of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. In the evening of the fateful day all the FIR named

                   accused persons including the petitioner entered into the house

                   of the informant and started abusing and threatened them to

                   withdraw the earlier case instituted by them. On protest, co-

                   accused Vineet Kumar Pandey @ Raju has brutally assaulted the
Patna High Court CR. MISC. No.91220 of 2025(2) dt.15-01-2026
                                            2/3




          husband of the informant by means of spade, due to which she

          sustained serious injuries whereas this petitioner has assaulted

          over his temple by means of iron rod. There is further allegation

          against other accused persons of causing assault and snatching

          of valuables.

                       4. Learned Advocate appearing on behalf of the

          petitioner submitted that the entire prosecution case falls

          to the ground for the simple reason that no injury

          whatsoever has been found over the temple and nearby the

          ear of the informant’s husband. The genesis of the

          occurrence is nothing but a previous enmity and the

          present case has been instituted with a view to settle the

          score. Prior to the institution of this case, the petitioner

          had been made accused in connection with Mahila P.S.

          Case No. 75 of 2023, however in the said case the

          petitioner has been extended the privilege of bail. The

          petitioner undertakes that he will fully cooperate in the

          proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail application and submits that

          there is a specific accusation against the petitioner of causing iron rod

          blow over the vital part of the body of the informant’s husband.
             Patna High Court CR. MISC. No.91220 of 2025(2) dt.15-01-2026
                                                         3/3




                                     6. Having considered the submissions advanced by

                       learned Advocate for the respective parties and taking note of

                       the discussion made in the impugned order that there is no

                       injury over the temple and nearby the ear of the informant’s

                       husband and the other accused persons have been allowed bail

                       by the Court below itself, let the petitioner above named be

                       released on bail, in the event of his arrest or surrender before the

                       court below within a period of four weeks from the date of

                       receipt/production of a copy of this order, upon furnishing bail

                       bonds of Rs.10,000/- (ten thousand) with two sureties of the like

                       amount each to the satisfaction of the learned JMFC-cum-

                       Additional       Munshif,        Samastipur          in   connection   with

                       Chakmenhasi P.S. Case No. 41 of 2025, subject to the

                       conditions laid down in Section 482(2) of the Bharatiya Nagrik

                       Suraksha Sanhita, 2023 with the further condition that one of

                       the bailors shall be the own/close family members of the

                       petitioner.



                                                   (Harish Kumar, J)
supratim/-

U      T


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