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Patna High Court

Pankaj SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to bail bond and surety conditions, under its inherent powers under Section 482(2) of the BNSS.

Summary

Petitioners Pankaj Singh and Rajesh Kumar applied for anticipatory bail fearing arrest in a case registered under several sections of the BNS, 2023 relating to alleged assault during a road‑construction dispute. They contended that they were falsely implicated by the informant, who alleged that the petitioners assaulted his father and brother, but the allegations were vague and lacked specificity. The State opposed the bail, arguing the seriousness of the offences. The Court examined the submissions, noted the lack of concrete evidence and the possibility of false implication, and invoked its inherent powers under Section 482(2) of the BNSS to grant anticipatory bail with conditions. Accordingly, the Court ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS despite the pending charges.
  • Whether the allegations against the petitioners constitute a specific and cognizable offence justifying arrest.
  • Whether the petitioners have been falsely implicated in the case.

Legislation cited

  • BNS, 2023 — s. 109, 115(2), 126(2), 329(1), 3(5), 351(2), 352
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • false implication
  • assault
  • road construction dispute
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9463 of 2026
                 Arising Out of PS. Case No.-370 Year-2025 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
           1.     Pankaj Singh S/O Kamdeo Singh Resident of Village- Charaun Nauwagarhi,
                  P.S- Muffasil, Distt.- Munger.
           2.     Rajesh Kumar @ Mukhia S/O Kamdeo Singh Resident of Village- Charaun
                  Nauwagarhi, P.S- Muffasil, Distt.- Munger.
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Suman Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  1. Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 329(1), 109, 352, 351(2) and 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case and petitioner no. 2 is a

                   person with clean antecedent and the informant alleges that his

                   father on 14.10.2025 objected the construction of road as water

                   was flowing towards his house, when accused persons came and

                   Chandan assaulted him by a sharp edged weapon causing injury on

                   head and when his father and brother came to save him, the

                   accused Anil, Rajesh and Pankaj assaulted them causing injury.

                                4. Learned counsel for the petitioners submits that

                   petitioners have been falsely implicated in the instant case by the
            Patna High Court CR. MISC. No.9463 of 2026(2) dt.26-03-2026
                                                        2/2




                      informant, it is next submitted that on account of dispute relating

                      to construction of road, an altercation took place in which both

                      sides assaulted each. It is also submitted that even presuming what

                      has been alleged is true without admitting then petitioners are

                      alleged to have assaulted the father and brother of the informant,

                      but then allegation of assault is not specific.

                                   5. Learned A.P.P. for the State opposes the anticipatory

                      bail application of the petitioners.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioners, the petitioners above-named, in the

                      event of their 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) each 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 Muffasil

                      P.S. Case No. 370 of 2025 subject to the conditions as laid down

                      under Section 482 (2) of the BNSS.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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