Partly allowed¶28

Niraj Pandey @ Niraj Kumar Pandey v. The State of Bihar

Patna HC23 Jul 2025CR. MISC./31469/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; Criminal Miscellaneous No.31469 of 2025; Dr. Anshuman, J.; 23-07-2025; Raghunathpur P.S. Case No.212 of 2019; Siwan; Sections 379, 420, 506, 504, 120B IPC; Section 2(1)(d) BNSS 2023; Section 482(2) BNSS 2023; bail bond Rs.30,000/-; petitioner No.2 Ravindra Pandey bail granted on age and no direct allegation; petitioner No.1 Niraj Pandey application rejected as not maintainable; vehicle not returned allegation; police bail case diary paragraph 109.

What did the court decide?

Anticipatory bail granted to petitioner No.2, Ravindra Pandey, on furnishing bail bond of Rs.30,000/- to the satisfaction of the Chief Judicial Magistrate, Siwan, within 4 weeks, subject to conditions under Section 482(2) of the BNSS, 2023; bail application of petitioner No.1, Niraj Pandey, rejected. ¶28

Niraj Pandey @ Niraj Kumar Pandey Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioners, who are apprehending arrest in connection with Raghunathpur P.S. Case No.212 of 2019 registered under Sections 379, 420, 506, 504 and 120B of the IPC.

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Ratio / Principle

Considering the age of petitioner No.2 (about 61 years) and the absence of any direct allegation against him, anticipatory bail is granted to petitioner No.2, Ravindra Pandey, in the event of arrest or surrender before the Court below within 4 weeks, on furnishing bail bond of Rs.30,000/- as per Section 2(1)(d) of the BNSS, 2023, to the satisfaction of the Chief Judicial Magistrate, Siwan, subject to conditions under Section 482(2) of the BNSS, 2023.

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Key takeaways

This Court finds that anticipatory bail for petitioner No.1, Niraj Pandey, is not maintainable and is therefore not inclined to grant anticipatory bail to him; his bail application is rejected.ratio¶29

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), Criminal Miscellaneous No.31469 of 2025, order dated 23-07-2025 — anticipatory bail arising out of Raghunathpur P.S. Case No.212 of 2019 (District Siwan) registered under Sections 379, 420, 506, 504 and 120B IPC, concerning allegations that a vehicle provided by the complainant to the petitioners for 15 days was not returned. Considering the age of petitioner No.2 (about 61 years) and the absence of any direct allegation against him, the Court granted anticipatory bail to petitioner No.2, Ravindra Pandey, on furnishing a bail bond of Rs.30,000/- as mentioned in Section 2(1)(d) of the BNSS, 2023, to the satisfaction of the Chief Judicial Magistrate, Siwan, subject to conditions laid down under Section 482(2) of the BNSS, 2023. However, finding anticipatory bail not maintainable for petitioner No.1, Niraj Pandey (reported to be on police bail as per paragraph 109 of the case diary), the Court rejected his application.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31469 of 2025

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Arising Out of PS. Case No.-212 Year-2019 Thana- RAGHUNATHPUR District- Siwan

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======================================================

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Niraj Pandey @ Niraj Kumar Pandey S/o Ravindra Pandey @ Rabindra Nath Pandey R/o- Vill-Telchha jhamsar, P.O.- Panditpur, P.s- Janta Bazar, Dist - Siwan

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Ravindra Pandey @ Rabindra Nath Pandey Son of Shri Kamal Deo Pandey R/o- Vill-Telchha jhamsar, P.O.- Panditpur, P.s- Janta Bazar, Dist - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr.Umesh Kumar Mishra, Adv. For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 23-07-2025

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Heard Learned Counsel for the petitioners and

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Learned APP for the State.

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The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Raghunathpur P.S. Case No.212 of 2019 under Sections 379, 420, 506, 504 and 120B of the IPC.

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As per the prosecution, the complaint has been lodged against 7 accused persons including the petitioners with allegation that the complainant has provided his vehicle to the petitioners for 15 days, but inspite of effort, his vehicle has not been returned to him.

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Learned Counsel for the petitioners submits that the

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Patna High Court CR. MISC. No.31469 of 2025(3) dt.23-07-2025 2/3

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petitioners are innocent and have committed no offence. He submits that the entire allegation is false and only concocted and false story have been inserted in the FIR by the complainant. He further submits that the entire correspondence has been made either on mobile or on e-mail.

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Counsel submits that the criminal antecedent of the petitioner is clean. He further submits that the said vehicle has been seized as per paragraph 13 of the case diary. The Court of A.D.J. has acknowledged that paragraph 16, 17 and 18 of the case diary has supported the case of the prosecution.

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Counsel further submits that the petitioner No.2 is old aged person about 61 years and he has been unnecessarily made accused in this case and there is no direct allegation against him.

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Learned APP for the State opposes the prayer for bail of the petitioners and submits that report has been called for and it transpires that petitioner No.1 is on police bail as per paragraph 109 of the case diary, which is indicated in the report.

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As such, in the present facts and circumstances of this case, considering the age of petitioner No.2 and no direct allegation against him, let the above named petitioner No.2, namely, Ravindra Pandey be released on anticipatory bail, in the

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Patna High Court CR. MISC. No.31469 of 2025(3) dt.23-07-2025 3/3

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event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Raghunathpur P.S. Case No.212 of 2019, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023.

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So far as the petitioner No.1, namely, Niraj Pandey, is concerned, this Court finds that anticipatory bail for petitioner No.1 is not maintainable. As such, this Court is not inclined to grant anticipatory bail to the petitioner No.1, therefore the bail application of the petitioner No.1 is hereby rejected.

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(Dr. Anshuman, J.)

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Prakashmani/-

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U T

Niraj Pandey @ Niraj Kumar Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Niraj Pandey @ Niraj Kumar Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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