Patna High Court - Orders
Aunj Kumar Pandey @ Chhotu Pandey vs The State Of Bihar on 8 April, 2026
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18532 of 2026
Arising Out of PS. Case No.-28 Year-2023 Thana- BHAGWANPUR HAT District- Siwan
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Aunj Kumar Pandey @ Chhotu Pandey Son of Upendra Pandey Resident of
Village- Shahsa, P.S.- Bhagwanpur Hatt, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Bhagwanpur Hat Police Station Case No. 28 of 2023, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506, and 34 of the Indian Penal Code, 1860.
3. The prosecution case, as per the First Information Report, is that on 22.01.2023 at about 10:30 a.m., the petitioner, along with other accused persons, armed with lathi, sword, farsa, etc., came near the house of the informant and attacked him. It has been alleged that the petitioner assaulted Jitendra Kumar Pandey, who is the brother of the informant, on his back and arms by means of lathi.
Patna High Court CR. MISC. No.18532 of 2026(2) dt.08-04-2026 2/3
4. Learned counsel for the petitioner submits that both the parties are agnates and there is longstanding dispute between them. A counter case has been lodged from the side of the petitioner against the informant, bearing Bhagwanpur Hatt P.S. Case No. 29 of 2023. The genesis of the occurrence is that the petitioner's side was constructing a house upon their land, which was objected by the informant. The land dispute between the parties would be evident from the FIR itself. A proceeding under Section 144 Cr.P.C. was also initiated between the parties as a result of the land dispute, which was subsequently dropped. Both sides have suffered injuries; however, the injury sustained by the informant's brother, namely Jitendra Kumar Pandey, has been stated to be grievous in nature near the thumb, which is a non-vital part of the body.
5. Regards being had to the submissions made by the parties and taking into consideration the fact that both the parties are agnates, having land dispute, case and counter case is there, the injury sustained by the victim is on a non vital art of the body, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his Patna High Court CR. MISC. No.18532 of 2026(2) dt.08-04-2026 3/3 arrest or surrender before the Court below within four weeks, 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 learned Chief Judicial Magistrate, Siwan, in connection with Bhagwanpur Hat Police Station Case No. 28 of 2023, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J) Siwani/-
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