Pankaj Kumar @ Pankaj Pandey v. The State of Bihar
CR. APP (SJ)/3590/2025 · 2026-03-12
Sandeep Kumar
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 3806 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3806 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3590 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- AMBA District- Aurangabad ======================================================
1. Pankaj Kumar @ Pankaj Pandey Son of Sanjay Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
2. Balniketan Pandey @ Balniketan Kumar Son of Vijay Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
3. Sambhu Nath Pandey Son of Late Ram Bilash Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
4. Saket Kumar Son of Arun Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
5. Vicky Kumar @ Gaurav Kumar Son of Rakesh Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
6. Bipin Pandey Son of Rajeshwar Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
7. Munna Pandey @ Tej Bahadur Pandey Son of Yamuna Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
8. Abhayanand Pandey @ Abhay Pandey Son of Dhananjay Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
9. Ankit Pandey @ Ankit Kumar Son of Sashipal Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
10. Gaurabh Kumar @ Shekhar Raj @ Gaurav Kumar @ Sekhar Raj Son of Abhay Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
11. Ranjan Pandey @ Ranjan Kumar Pandey Son of Sanjay Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad.
12. Ajay Pandey @ Abhay Kumar Pandey Son of Yamuna Pandey R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad. ... ... Appellants Versus
1. The State of Bihar
2. Dinesh Paswan Son of Late Chote Paswan R/o Village - Chilkhi, P.S. - Amba, Dist. - Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Santosh Kumar Pandey, Advocate For the Respondent/s : Mr.Sadanand Paswan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 12-03-2026 Heard the parties.
Patna High Court CR. APP (SJ) No.3590 of 2025(4) dt.12-03-2026 2/3
2. This appeal is preferred against the order dated 08.08.2025 passed by the learned District and Additional Sessions Judge-Ist-cum-Special Judge, (SC/ST)- NDPS and Children Act, Aurangabad in connection with Amba P.S. Case No. 53 of 2025 registered for the offence under Sections 191(2), 190, 126(2) 115(2), 74, 352, 351(2) of the BNS and under section 3 (2) (s), 3(1)(r), 3 (1) (w), 3(2)(va) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellants has been rejected.
3. As per the prosecution case, on the eve of holi, two groups had fought and both parties have sustained injuries.
4. Learned counsel for the appellants submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case as it was filed due to a trivial dispute between the parties and therefore the application of the anticipatory bail is maintainable.
5. Learned counsel for the State has opposed the prayer of the appellant.
6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that he is a member of SC/ST community and primarily, it appears that due to a trivial dispute, this case has
Patna High Court CR. APP (SJ) No.3590 of 2025(4) dt.12-03-2026 3/3 been filed and therefore, this application for grant of anticipatory bail is held to be maintainable.
7. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and accordingly, the order dated 08.08.2025 passed by the learned District and Additional Sessions Judge-Ist-cum-Special Judge, (SC/ST)- NDPS and Children Act, Aurangabad in connection with Amba P.S. Case No. 53 of 2025 , is hereby set aside.
8. Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-Ist-cum- Special Judge, (SC/ST)- NDPS and Children Act, Aurangabad in connection with Amba P.S. Case No. 53 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.
tusharika/- (Sandeep Kumar, J) U T