Sugriv Pandey @ Sugriv Kumar Pandey @ S.K. Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17634 of 2026 Arising Out of PS. Case No.-845 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== Sugriv Pandey @ Sugriv Kumar Pandey @ S.K. Pandey S/O Late Laxmi Pandey Village- Vishunpura, P.S.- Harsidhi, District- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Krishna Prasad Singh, Senior Advocate Mr. Saket Kumar Singh, Advocate For the Opposite Party :
Mr. Syed Mojibur Rahman, APP For the Informant :
Mrs. Usha Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 29-04-2026 Heard learned Senior Counsel appearing on behalf of the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel for the informant.
2. This application for anticipatory bail arises out of Harsidhi P.S. Case No. 845 of 2025 for the offence punishable under Sections 115(2), 117(2), 118(1), 303(2), 110, 351, 352 and 3(5) of the Bhartiya Nyaya Sanhita.
3. As per prosecution case, this petitioner and coaccused armed with handle of a hand-pump and rod came to the place of occurrence and abused the informant due to previous enmity as regards the money, upon protest, this petitioner assaulted the informant with the handle of hand-pump fracturing his leg. It has been further alleged that this petitioner and coaccused also assaulted the informant's wife with iron rod
Patna High Court CR. MISC. No.17634 of 2026(3) dt.29-04-2026 2/3 resulting in head injury. It has further been alleged that coaccused Poonam Devi snatched gold chain from the informant's wife while this petitioner took away cash amount of Rs.5,000.00 from the informant's shirt.
4. Learned Senior Counsel appearing on behalf of the petitioner has submitted that the informant and the petitioner are brothers and the allegation of assault by hand-pump is not on the vital part of the body, though it has been found to be grievous in nature and there is no repetition of blow. It has been submitted that at best a case under Section 117(2) BNS would be made out, which is bailable in nature. The injuries sustained by the wife of the informant is simple in nature. Learned Senior Counsel, upon instructions, has submitted that the petitioner is ready to pay Rs.25,000.00 (Twenty Five Thousand) to the informant for medical treatment etc.
5. Learned counsel for the State and the informant opposed the prayer of anticipatory bail of the petitioner. Learned counsel for the informant has submitted that the petitioner had every intention to kill the informant and his wife, but they were luckily saved and they had to undergo prolonged treatment.
6. Heard the parties and perused the record. Considering the facts and circumstances, let the petitioner above
Patna High Court CR. MISC. No.17634 of 2026(3) dt.29-04-2026 3/3 named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sadar at Motihari, in connection with Harsidhi P.S. Case No. 845 of 2025, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
7. It is directed that the bail bonds of the petitioner would be accepted only when there is a proof on record that payment of Rs.25,000.00, as offered by the petitioner, has been made to the informant.
8. It is further directed that the petitioner will not tamper with the evidence and would not threaten the informant or any of his family members and if he does so, the informant may file appropriate application for cancellation of his bail bonds.
(Praveen Kumar, J) Pawan/- U T