Panchu Yadav @ Panchu Kumar @ Pachu Kumar Vs The State of… — Anticipatory Bail | Patna HC (2026)

Panchu Yadav @ Panchu Kumar @ Pachu Kumar Vs The State of… — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Petitioner to be enlarged on bail in the event of his arrest or surrender before the court below within eight weeks from receipt/production of a copy of the order, on bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, subject to Section 482 (2) of the B.N.S.S 2023 and two additional cancellation conditions (concealment of criminal antecedents; false statement regarding previous bail petition).

Issue for consideration

Whether the petitioner, who seeks bail apprehending his arrest in connection with Banka P.S. Case No.207 of 2023 (registered for offences under Sections 143, 149, 341, 323, 324, 504, 506, 325, 307 IPC), should be granted bail.

Court's answer

Taking into account the simple nature of the injury, the general and omnibus nature of the allegation, and the enlargement of the co-accused persons on anticipatory bail by a co-ordinate Bench of this Court, the Court allowed the bail petition.

Ratio / Principle

The petitioner is directed to be enlarged on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of the order.

Key takeaways

Release on bail is conditioned on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned concerned court below, and on compliance with the conditions laid down under Section 482 (2) of the B.N.S.S 2023.ratio¶22
Condition (i): the bail bonds shall be cancelled by the court below if, after hearing the petitioner and on satisfaction that he concealed criminal antecedents despite knowledge thereof, it is brought to the court's notice that he has criminal antecedents.ratio¶23

Detailed headnote1 paragraphs

PATNA HIGH COURT — CR. MISC. No.685 of 2026 (decided 28-01-2026) — Jitendra Kumar, J. — Bail apprehending arrest (anticipatory-bail character): Petitioner Panchu Yadav @ Panchu Kumar @ Pachu Kumar sought bail in Banka P.S. Case No.207 of 2023 (dt.02.04.2023; IPC Ss.143, 149, 341, 323, 324, 504, 506, 325, 307), arising from an alleged occurrence in which accused persons surrounded and damaged a JCB machine called by the informant and assaulted the informant's brother and daughter, causing injuries. Defence: innocence, false implication due to land dispute, general and omnibus allegations with no specific role against any accused, simple nature of injuries, and parity with thirteen similarly situated co-accused already enlarged on anticipatory bail (co-ordinate Bench order dated 24.07.2025 in Cr. Misc. No. 44788 of 2025); petitioner claimed no criminal antecedents and no earlier anticipatory or regular bail application in this case. APP opposed. HOLDING: petition ALLOWED — petitioner to be enlarged on bail upon arrest or surrender within eight weeks, on bail bonds of Rs. 10,000/- (Ten Thousand) with two like-amount sureties, subject to Section 482 (2) of the B.N.S.S 2023 and two cancellation triggers: (i) cancellation if petitioner is heard and found to have concealed known criminal antecedents; (ii) cancellation if his statement regarding a previous bail petition is found wrong.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.685 of 2026

Arising Out of PS. Case No.-207 Year-2023 Thana- BANKA District- Banka

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

Panchu Yadav @ Panchu Kumar @ Pachu Kumar, S/o Nankeshwar Yadav, Resident of village - Gonra, P/S- Banka, District – Banka.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Md. Najmul Hodda, Advocate For the State : Mr. Ajay Kumar No. 2, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

2 28-01-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail, apprehending his arrest, in connection with Banka P.S. Case No.207 of 2023, dated.02.04.2023, registered for the offences punishable under Sections 143, 149, 341, 323, 324, 504, 506, 325, 307 of the Indian Penal Code.

As per allegation, when the Informant called one JCB machine, all the accused persons surrounded the JCB and damaged it and they also assaulted the brother and daughter of the informant causing injury on the person of the informant as well as his brother and daughter.

Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.685 of 2026(2) dt.28-01-2026 2/3

case. He further submits that on account of land dispute this occurrence had taken place when the informant called the JCB machine and the allegation of assault is general and omnibus in nature and there is no specific role alleged against any of any of the accused persons. He also submits that the alleged injury caused is simple in nature. He further submits that similarly situated thirteen co-accused have been enlarged by a co-ordinate Bench of this Court vide order dated 24.07.2025 passed in Cr. Misc. No. 44788 of 2025.

It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

Considering the simple nature of injury, general and omnibus nature of allegation and enlargement of the co-accused persons on anticipatory bail by a co-ordinate Bench of this Court, this petition is allowed, directing the petitioner, abovenamed, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks

Patna High Court CR. MISC. No.685 of 2026(2) dt.28-01-2026 3/3

from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Banka P.S. Case No.207 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

(Jitendra Kumar, J.)

Chandan/-

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