Sahab Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16844 of 2026 Arising Out of PS. Case No.-356 Year-2025 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.
Sahab Pandey Sri Ram Babu Pandey R/o Village - Chausa Bazar, P.S. - Buxar Muffasil, Distt. - Buxar.
2.
Vishnu Shankar Pandey Son of Santosh Kumar Pandey R/o Village - Chausa Bazar, P.S. - Buxar Muffasil, Distt. - Buxar. 3.
Rohit Pandey Son of Govind Prasad R/o Village - Chausa Bazar, P.S. - Buxar Muffasil, Distt. - Buxar.
4.
Rahul Pandey Son of Govind Prasad R/o Village - Chausa Bazar, P.S. - Buxar Muffasil, Distt. - Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Yadav, Adv.
For the Opposite Party/s :
Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-06-2026 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Buxar Muffasil P.S. Case No. 356 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 351(2), 351(3), 109, 74 and 3(5) of the B.N.S., 2023.
3. On the given date and time of occurrence, while the informant was engaged in cleaning his shop, in the meanwhile, the accused persons, who were indulged in playing cards and
Patna High Court CR. MISC. No.16844 of 2026(4) dt.24-06-2026 2/3 when the same was objected, all of them brutally assaulted the informant and later on, entered into the house and assaulted the family members, including the grandmother of the informant, who sustained serious injuries.
4. Learned Advocate for the petitioners taking this Court through the FIR contended that there is omnibus nature of allegation against all the petitioners. So far the injury, which is allegedly sustained to the grandmother of the informant is concerned, though the same is grievous in nature, but it has not been attributed to any of the petitioners. The parties are neighbours and on account of some trifle, they entered into a free fight, resulting into some unfortunate injuries. Moreover, the petitioners are men of fair antecedent and they undertake that they will fully co-operate in the proceeding of the Court. It is lastly contended that, be that as it may, now the parties do not want to proceed in the matter and on persuasion of well wishers, they have also compromised the matter.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that because of the assault made by the petitioners, the grandmother of the informant has sustained grievous injury. Moreover, the compromise between the parties would not absolve the
Patna High Court CR. MISC. No.16844 of 2026(4) dt.24-06-2026 3/3 petitioners from their offences.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the general and omnibus nature of allegation, coupled with the genesis of occurrence, besides the petitioners are carrying fair antecedent and they undertake before this Court that they will fully co-operate in the proceeding of the Court, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar Muffasil P.S. Case No. 356 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) shivank/- U T