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Patna High Court

Golu Pandey @ Vikesh Kumar Pandey @ Galu PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond, sureties and conditions, exercising its inherent powers under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Golu Pandey, was accused of multiple offences under the B.N.S., 2023 arising from an altercation over irrigation of agricultural land on 23 July 2025, during which he allegedly fired a pistol (which misfired) and assaulted the informant with the butt of the pistol, causing a head injury, and later assaulted the informant’s father. The petitioner sought anticipatory bail, submitting that he is a 27‑year‑old student with a clean record, that the FIR does not charge under the Arms Act, and that the injuries were minor except for the head wound. The State opposed bail, arguing the seriousness of the injuries and the risk of the petitioner absconding. The court examined the submissions, noted the petitioner’s first‑offence status and lack of Arms Act charge, and exercised its inherent powers under Section 482(2) of the B.N.S.S. to grant anticipatory bail. The bail was conditioned on a Rs 10,000 bond, two sureties of equal amount, and a provision that the trial court may cancel bail if the petitioner fails to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offences.
  • Whether the absence of an Arms Act charge and the petitioner’s first‑offence status justify bail.
  • Whether the petitioner poses a risk of absconding or obstructing the investigation.

Legislation cited

  • B.N.S., 2023 — s. 109, 115, 117, 126, 3, 303, 351, 352, 482

Subjects

  • anticipatory bail
  • Section 482
  • B.N.S. 2023
  • first offence
  • arms act
  • assault
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9788 of 2026
                     Arising Out of PS. Case No.-278 Year-2025 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Golu Pandey @ Vikesh Kumar Pandey @ Galu Pandey S/o Satendra Pandey
                 Resident of Village - Diul, P.S.- Jagdishpur, District- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Akanksha Malviya, Adv.
                                                  Mr. Akash Keshav, Adv.
                                                  Ms. Naina Nancy, Adv.
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                 For the Informant        :       Mr. Abhishek, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026                   1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                 2. The petitioner apprehends his arrest in a case

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

                   115(2), 117(2), 109(1), 303(2), 352, 351(2) and 3(5) of the

                   B.N.S., 2023.

                                 3. Learned counsel for the petitioner submits that in

                   compliance of the order dated 30.03.2026, a supplementary

                   affidavit has been filed bringing on record the education

                   certificates of the petitioner. It is next submitted that petitioner

                   is a young boy, aged about 27 years and is a person with clean
Patna High Court CR. MISC. No.9788 of 2026(3) dt.06-04-2026
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          antecedent and the informant alleges that on 23.07.2025 at 11

          P.M. while he along with his father were irrigating their

          agricultural land, when the accused persons including the

          petitioner came variously armed and stopped the boring by

          which the land was being irrigated, on protest, accused

          Satyendra said that he would irrigate the land first, on account

          of which, an altercation took place and on order of Satyendra,

          petitioner fired from his pistol but the shot misfired, thereafter

          the petitioner assaulted the informant by butt of pistol causing

          injury on head, thereafter all the accused persons assaulted the

          informant with lathi, danda and rod with an intention to kill, on

          account of which, several injuries were caused and when

          informant’s father came to his rescue, he was also assaulted by

          the accused persons by lathi and rod causing fracture of his left

          hand.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant alleges that all the accused persons assaulted him and

          his father brutally and thereafter threw them in Badhar (Bushes).

          It is next submitted that the injury suffered by the injured has
Patna High Court CR. MISC. No.9788 of 2026(3) dt.06-04-2026
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          been opined to be simple in nature except one injury of the

          informant on head, alleged to have been caused on account of

          assault made by the petitioner by butt of pistol. Learned Counsel

          next submits that petitioner is a student and in support of the

          same, his Matriculation and Intermediate certificates have been

          brought on record along with the Diploma which he has done

          from ITI institute. It is next submitted that petitioner has

          recently passed his Craftsman Training Scheme in the year

          2025. It is also submitted that though it is alleged that petitioner

          initially fired but then the shot misfired, thereafter petitioner

          assaulted by butt of pistol causing injury on head of the

          informant but then the FIR has not been instituted under the

          Arms Act. It is next submitted that from side of the petitioner,

          Jagdishpur P.S. Case No.285/2025 has been instituted against

          the informant and his side. It is also submitted that on a trivial

          issue of irrigating the land, the occurrence is alleged to have

          taken place. It is next submitted that in Jagdishpur P.S. Case

          No.285 of 2025, the injury suffered by the informant has been

          explained that while fleeing he dashed against a pole, leading

          to the injury on his head. It is next submitted that even

          presuming what has been alleged is true without admitting then

          this is the first offence of the petitioner and if petitioner is sent
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          to judicial custody, his entire career would get jeopardized and

          chances are bright that he may come in contact with hardened

          criminals.

                       5. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioner. Learned counsel appearing on

          behalf of the informant submits that specific allegation of

          assaulting the informant on head by butt of pistol causing injury

          is alleged against the petitioner and the injury has been opined

          to be grievous in nature and the petitioner was treated at PMCH

          but then is not in a position to rebut the submission of the

          learned counsel appearing on behalf of the petitioner that this is

          the first offence of the petitioner and petitioner is a student and

          the FIR has not been instituted under the Arms Act and if he is

          sent to judicial custody, chances are bright that he may come in

          contact with hardened criminals. Learned counsel for the

          informant, at this stage, submits that if the privilege of

          anticipatory bail is granted to the petitioner, the petitioner may

          abscond, on which, the learned counsel appearing on behalf of

          the petitioner submits that petitioner will not abscond rather will

          cooperate in the investigation to prove his innocence.

                       6. Considering the submissions made by the learned
             Patna High Court CR. MISC. No.9788 of 2026(3) dt.06-04-2026
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                       counsel for the petitioner, 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 Jagdishpur P.S. Case No.278/2025, subject to the

                       conditions as laid down under Section 482(2) B.N.S.S.

                                    7. Further, one of the bailors of the petitioner shall be

                       his cousin brother, namely, Chandan Kumar Pandey.

                                    8. However, it is made clear that in the event if the

                       Investigating Officer of the case files an application before the

                       learned trial court bringing to its notice that the petitioner

                       despite giving assurance to this court is not co-operating in the

                       investigation in that event the learned trial court shall be at

                       liberty to cancel the bail bonds of the petitioner.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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