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2026 DAILYLAW 29359 (PAT)

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

CR. MISC./57638/2026 · 2026-08-19

Soni Shrivastava

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57638 of 2026 Arising Out of PS. Case No.-88 Year-2026 Thana- KRISHNAGARH District- Bhojpur ====================================================== 1. Suraj Pandey @ Suraj Kumar Pandey Son of Kameshwar Pandey Resident of Village- Balua, P.S. -Krishnagarh, District- Bhojpur. 2. Algu Pandey @ Suraj Pandey Son of Kameshwar Pandey Resident of Village- Balua, P.S. -Krishnagarh, District- Bhojpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raju Kumar Singh, Advocate For the State : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 303(2), 351(2), 352, 3(5) of the BNS. 3. As per the prosecution case, the petitioners along with some other known and unknown co-accused persons are said to have abused and assaulted the informant and his nephew with sharp weapons. It is further alleged that the co-accused persons took away jewelry and clothes worth about Rs. 3,00,000/-. 4. Learned counsel for the petitioners submits that as Patna High Court CR. MISC. No.57638 of 2026(2) dt.19-08-2026 2/3 many as 11 persons have been made accused in the present case along with five unknown with the allegations of coming variously armed and assaulting the informant and his nephew. So far as the petitioners are concerned, there is general and omnibus allegation upon them of having assaulted the informant and the injury of the informant as would be evident from the bail rejection order itself is said to be simple in nature whereas the injury of the other injured Ashutosh Kumar Pandey has been found to be grievous but the allegation of assault upon him is specific on co-accused Dinesh Pandey and not on these petitioners. 5. Learned APP for the State has opposed the application for anticipatory bail on the ground that petitioner no. 1 has one criminal antecedent and petitioner no. 2 has three criminal antecedents. 6. In response, it is submitted that the petitioners are on bail in the said cases. 7. Taking into consideration the facts and circumstances and also considering the general and omnibus allegations coupled with the fact that the injuries attributable to the informant are simple in nature, let the above named petitioners, in the event of their arrest or surrender before the Patna High Court CR. MISC. No.57638 of 2026(2) dt.19-08-2026 3/3 learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Krishnagarh P.S. Case No. 88 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., with further conditions that: (I) One of the bailors will be a family member/close relative. (II) The petitioners shall co-operate in the investigation/trial. priyanka/- (Soni Shrivastava, J) U T