Patna High Court
Anshu Kumar Pandey @ Chhotu @ Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 329(4), 3(5), 351(2), 352, 76
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
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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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