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Patna High Court

Rajesh PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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