Patna High Court
Rajesh PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Petitioner Rajesh Pandey sought anticipatory bail fearing arrest in a case registered under Sections 118(1), 109 and 3(5) of the BNS and Section 27 of the Arms Act. The FIR alleged that on 14 June 2025, after a firearm was discharged, Rajesh assaulted the informant's brother with a Gadasa, causing a simple head injury, while other accused persons also engaged in violence. The petitioner contended that he was falsely implicated, had a clean antecedent, and the injury was not serious or repeated. The State opposed the bail. Considering the petitioner’s clean record, the nature of the injury, and the lack of repeated assault, the court granted anticipatory bail on condition of a Rs.10,000 bail bond and two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged assault and arms offence
- Whether the allegations constitute a serious offence that warrants denial of bail
- Whether the petitioner has been falsely implicated and is entitled to bail
Legislation cited
- Arms Act — s. 27
Subjects
- anticipatory bail
- false implication
- assault
- arms act
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91772 of 2025
Arising Out of PS. Case No.-280 Year-2025 Thana- DINARA District- Rohtas
======================================================
Rajesh Pandey Son of Suhawan Pandey Resident of Village- Akodha, P.S.-
Dinara, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pandey
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 118(1), 109 and 3(5) of
the BNS as well as Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant alleges
that on 14.06.2025 accused persons came and Guddu Pandey fired
but missed thereafter Rajesh Pandey (petitioner) assaulted the brother
of the informant by Gadasa causing injury on head, further other
accused persons started assaulting but the informant and his side
saved themselves by entering the house and Santosh also tried to
assault by knife.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.91772 of 2025(2) dt.18-02-2026
2/2
informant. It is next submitted that from perusal of the allegations as
alleged in the FIR, it would manifest that petitioner is alleged to have
assaulted the brother of the informant by Gadasa causing injury on
head, but then the blow is not alleged to be repeated and the injury
has been opined to be simple in nature, as would manifest from
Annexure-P/2 to the anticipatory bail, i.e., the injury report.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the fact that
blow is not alleged to be repeated, petitioner is a person with clean
antecedent and the injury has been opined to be simple, the petitioner
above-named, in the event of his arrest or surrender within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in connection
with Dinara P.S. Case No. 280 of 2025, subject to the conditions as
laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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