Durganand Pandey Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Durganand Pandey Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release on bail upon arrest or surrender before the Court below within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Supaul, subject to the conditions laid down in Section 482(2) of the B.N.S.S., 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Bhaptiyahi P.S. Case No. 111 of 2025 instituted under Sections 126(2), 115(2), 117(2), 109, 303(2), 351(2), 352, 3(5) of the B.N.S.

Court's answer

Anticipatory bail granted: considering the facts and circumstances, the submissions of learned counsel and the petitioner's clean antecedent, the petitioner is to be released on bail in the event of arrest or surrender before the Court below within six weeks, upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Supaul.

Ratio / Principle

The release on bail is made subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J., oral order dt. 17-06-2026), Criminal Miscellaneous No.24702 of 2026 arising out of Bhaptiyahi P.S. Case No. 111 of 2025, District Supaul - anticipatory bail granted to Durganand Pandey (aged about 60 years, no criminal antecedent, per counsel) apprehending arrest under Sections 126(2), 115(2), 117(2), 109, 303(2), 351(2), 352, 3(5) of the B.N.S. for allegedly surrounding and brutally assaulting the informant's husband with F.I.R.-named accused, breaking his leg, snatching a golden ring worth Rs. 10,000/- and a silver chain worth Rs. 4,000/- and taking away his Tempo; counsel argued the allegations were general/omnibus and ornamental and that the F.I.R. was lodged 8 days after the occurrence; A.P.P. opposed the prayer. Bail ordered in the event of arrest or surrender within six weeks on bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, subject to the conditions in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24702 of 2026

Arising Out of PS. Case No.-111 Year-2025 Thana- BHAPTIAHI District- Supaul

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

Durganand Pandey Son of Late Suratlal Pandey Resident of VillageRamnagar Ward No. 11, P.S.- Bhaptiyahi, District- Supaul

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar, Advocate For the State : Mr. Madan Kumar, APP For the Informant Mr. Dhiresh Kumar Dhiraj, Advocate Mr. Kuldeep Kumar, Advocate Mr. Aditya Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

3 17-06-2026

Heard learned counsel for the petitioner, learned

counsel for the informant and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhaptiyahi P.S. Case No. 111 of 2025, instituted under Sections 126(2), 115(2), 117(2), 109, 303(2), 351(2), 352, 3(5) of the B.N.S.

As per the prosecution case, on the date of occurrence, while the husband of informant was coming house after driving Tempo, due to old enmity, petitioner along with F.I.R. named accused persons surrounded him and brutally assaulted him and broken his leg. It is alleged that petitioner snatched golden ring worth Rs. 10,000/- and silver chain worth Rs. 4,000/- from the husband of the informant and they also

Patna High Court CR. MISC. No.24702 of 2026(3) dt.17-06-2026 2/3

took away his Tempo.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to family dispute as petitioner and named accused persons are own Gotia of the informant. There is no specific allegation against the petitioner except general and omnibus allegation of assault and taking golden ring and silver chain, which is ornamental allegation. F.I.R. has been lodged after 8 days of the alleged occurrence which creates doubt in the prosecution case. Petitioner is aged about 60 year having no criminal antecedent. He undertakes to co-operate in the investigation and trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case, submission of learned counsel for the parties and clean antecedent of the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Bhaptiyahi P.S. Case No. 111 of

Patna High Court CR. MISC. No.24702 of 2026(3) dt.17-06-2026 3/3

2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J)

rakhi/-

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