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Patna High CourtCR. MISC./39604/2026bail granted

Pankaj Kumar v. The State Of Bihar

2026-06-233 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39604 of 2026 Arising Out of PS. Case No.-230 Year-2025 Thana- GAIGHAT District- Muzaffarpur ====================================================== Pankaj Kumar Son of Kishun Rai Resident of Village- Hanuman Nagar, P.S.- Gaighat, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2026 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends his arrest in a case registered for the offence punishable under sections 126(2), 115(2), 109, 74, 303(2), 352, 351(2), 351(3) and 3(5) of BNS Act. 3 . The prosecution case in brief, is that on 17.08.2025 at about 01:00 PM, this petitioner along with other co-accused persons armed with lathi, danda and iron rod came at the house of informant and started abusing informant and her son Sachin Kumar. Upon objection, accused persons assaulted informant

Patna High Court CR. MISC. No.39604 of 2026(2) dt.23-06-2026 2/3 and her son by means of lathi, danda, as a result of which they sustained injuries.

4. It is submitted on behalf of the petitioner that on the alleged date and time of occurrence, a free fight took place between both the parties in which both sides inflicted injuries on each other. The present case is counter blast of Gaighat PS Case No. 223 of 2025 which was lodged by petitioner against informant and others. Allegation of assault is general and omnibus against this petitioner. There is delay of about 14 days in lodging the present F.I.R. for which there is no plausible explanation which itself creates doubt over the entire prosecution case. Petitioner claims clean antecedent.

5. Learned counsel for the State opposed the bail petition .

6 Considering the backdrop of case, clean antecedent of the petitioner and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged 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 Court No. II, JMFC (East), Muzaffarpur in connection with Gaighat P.S. Case No. 230 of 2025 , subject to the conditions laid down under

Patna High Court CR. MISC. No.39604 of 2026(2) dt.23-06-2026 3/3 section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .

(Prabhat Kumar Singh, J) Koushik/Alok RajU T