Pankaj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Pankaj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all three petitioners: on arrest or surrender before the learned Court below within six weeks, release on bail bond of Rs. 20,000/- each with two sureties of the like amount each, to the satisfaction of the Court concerned in connection with Patori P.S. Case No. 362 of 2023, subject to conditions under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioners, who apprehend arrest in Patori P.S. Case No. 362 of 2023 dated 01.06.2023, are entitled to anticipatory bail.

Court's answer

Considering mainly that three co-accused persons carrying almost similar allegations had already been granted anticipatory bail by this Court (order dated 20.08.2024 in Cr. Misc. No. 48064 of 2024), that there is no specific allegation of the petitioners being involved in the alleged assault, that civil litigation between the informant's family and co-accused Ganesh Sahni is ongoing, and that the petitioners are said to be relatives of Ganesh Sahni, the Court held it is a fit case for anticipatory bail to the petitioners.

Ratio / Principle

In the event of their arrest or surrender before the learned Court below within six weeks, the petitioners are to be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of the Court concerned, in connection with Patori P.S. Case No. 362 of 2023, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail granted (oral order dt. 07-02-2025, Shailendra Singh, J., High Court of Judicature at Patna, Criminal Miscellaneous No.7806 of 2025). Petitioners Pankaj Kumar, Pawan Sahni and Devanti Devi, apprehending arrest in Patori P.S. Case No. 362 of 2023 (District Samastipur) dated 01.06.2023, registered for offences under Sections 341, 323, 307, 354, 379, 427, 504 and 34 of the Indian Penal Code, were held entitled to anticipatory bail. Principal grounds relied upon: (i) three co-accused persons carrying almost similar allegations had already been granted anticipatory bail by the same Court vide order dated 20.08.2024 in Cr. Misc. No. 48064 of 2024; (ii) no specific allegation against these petitioners of involvement in the alleged assault; (iii) ongoing land-dispute litigation (Title Suit No. 35 of 2016 pending before the Court below) between the informant's family and co-accused Ganesh Sahni, the petitioners being said to be his relatives. Directions: release upon arrest or surrender before the learned Court below within six weeks, on bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of the Court concerned, subject to the conditions under Section 482(2) of the B.N.S.S. Counsel's submissions (false implication due to village politics, petitioners and informant being agnates, FIR delay suggesting oblique motive/afterthought, omnibus allegations versus specific allegation against Raman Sahani @ Ravan Sahni, clean antecedents) were recorded as counsel's argument, not as this Court's findings. Learned APP opposed the prayer. Single-judge oral order; no separate or dissenting opinion.