Patna High Court
PANKAJ YADAV @ PANKAJ KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
In the absence of a specific allegation against the petitioner and given the counter‑case context, the court granted anticipatory bail under Section 482(2) of the BNS, 2023.
Summary
Petitioner Pankaj Yadav sought anticipatory bail fearing arrest in a criminal case (PS No.19 of 2025) alleging multiple offences under the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the petitioner, along with others, assaulted an informant, caused injuries, and stole jewellery. The petitioner contended he has a clean antecedent, that the prosecution's narrative is fabricated, and highlighted a counter‑case filed by his mother against the informant’s family. The court noted the absence of any specific allegation directly implicating the petitioner and the existence of a case‑counter‑case scenario. Consequently, the court exercised its discretion under Section 482(2) of the BNS, 2023 and granted anticipatory bail with conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether there is any specific allegation against the petitioner in the FIR.
- Whether the existence of a counter‑case between the parties warrants the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- section 482
- counter case
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91970 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- Beladi District- Madhepura
======================================================
PANKAJ YADAV @ PANKAJ KUMAR S/o- RAM KISHUN YADAV R/v-
Ranipatti W.No-14, Ps- Belari Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mirza Ahraz Baig, Advocate
: Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Belari P.S. Case No. 19 of 2025, registered for the offences
punishable under Sections 126(2), 115(2), 118(1), 117(2),
109(1), 74, 303(2), 352, 351(2), 3(5) of the BNS, 2023.
3. The case of the prosecution, in short, is that on
11.07.2022 at about 10:00 AM in the day when the informant
was cutting grass in her land then the petitioner and twelve
accused persons named in the FIR variously armed with illegal
weapons came at the land of the informant and claimed that it is
their land when the informant objected, they started assaulting
to the informant. Accused persons, namely, Jitan, Mahadeo and
Sahdeo started firing shots at the informant with the three nuts.
Patna High Court CR. MISC. No.91970 of 2025(2) dt.15-01-2026
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Accused persons namely, Alok Kumar and Sourav Kumar
assaulted to the informant with iron rod causing fracture on her
head due to which blood started oozing out and they broke her
hand by twisting the same. Dipak, Pankaj (petitioner) and Shiva
reached there by taking lathi and took gold ear-rings worth Rs.
50,000/- from the neck of the informant. Accused persons
namely Mahendra, Sachendra and Rajendra pointed three nuts
to the informant and when informant’s elder brother-in-law
(Bhainspur) reached there to save her then accused persons
assaulted to him with lathi, which caused injury on his head and
got his left hand fractured.
4. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent. The entire
prosecution story is false, fabricated and concocted. Learned
counsel for the petitioner submits that there is no specific
allegation against the petitioner and also that there is a case and
counter-case between the parties whereby the mother of the
petitioner namely, Sita Devi has lodged Belari P.S. Case No. 20
of 2025 registered for the offences punishable under Sections
126(2), 115(2), 75, 303(2), 352, 351(2), 3(5) of the BNS, 2023
against the family members of the informant.
5. Learned A.P.P. for the State opposes the prayer of
Patna High Court CR. MISC. No.91970 of 2025(2) dt.15-01-2026
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anticipatory bail.
6. Considering the fact that there is no specific
allegation against the petitioner and also that there is a case and
counter-case between the parties whereby the mother of the
petitioner namely, Sita Devi has lodged Belari P.S. Case No. 20
of 2025 registered for the offences punishable under Sections
126(2), 115(2), 75, 303(2), 352, 351(2), 3(5) of the BNS, 2023
against the family members of the informant. Under these
circumstances, this Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Madhepura in connection with Belari P.S.
Case No. 19 of 2025, subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U T
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