Patna High Court
Jitendra GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner subject to a bond and sureties under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Jitendra Gond, sought bail in connection with a criminal case (Darauli P.S. Case No. 327 of 2025) involving offences under Sections 324(4), 126(2), 352, 109, 351(3) and 3(5) of the B.N.S. The prosecution alleged that he, along with co‑accused, assaulted an informant and his wife. The petitioner claimed he was falsely implicated and argued that his co‑accused Basudeo Gond and Achhelal Gond had been granted bail, whereas his application was rejected solely because he failed to disclose two prior excise‑act cases. The State opposed bail. The Court noted the inconsistency and, after directing the petitioner to be vigilant about disclosing antecedents, granted bail on the condition of a Rs.10,000 bond with two sureties, invoking Section 482(2) of the B.N.S.S. The order was made pending his arrest or surrender within six weeks.
Issues considered
- Whether the petitioner is entitled to bail despite non‑disclosure of prior criminal antecedents.
- Whether the trial court’s refusal to grant bail, unlike that granted to co‑accused, violates the principle of equality before law.
Legislation cited
Subjects
- bail
- criminal antecedent
- equality before law
- Section 482
- non‑disclosure
- excise act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11353 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- DURAULI District- Siwan
======================================================
Jitendra Gond S/o Achhelal Gond R/o vill - Tadava Parasiyaa, P.S.- Darauli,
Distt.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State
2. The petitioner apprehends his arrest in connection
with Darauli P.S Case No. 327 of 2025 registered for the
offences punishable under Sections 324(4), 126(2), 352, 109,
351(3), 3(5) of B.N.S.
3. As per the prosecution case, petitioner along with
co-accused have assaulted the informant and his wife.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is next
submitted that co-accused Basudeo Gond and Achhelal Gond
have been granted bail by the trial Court but on similar footing
petitioner bail application is rejected only on the basis that he
Patna High Court CR. MISC. No.11353 of 2026(2) dt.23-02-2026
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failed to disclose his criminal antecedent of two case of excise
act. It is further submitted that petitioner undertakes that in
future he will be vigilant in mentioning his criminal antecedent
and he seeks unconditional apology for his conduct.
5. Learned counsel for the State opposes the prayer
for bail of the petitioner.
6. From perusal of the F.I.R., impugned order and
materials available on record it appears that co-accused Basudeo
Gond and Achhelal Gond have been granted bail by the trial
Court but on similar footing petitioner bail application is
rejected only on the basis that he failed to disclose his criminal
antecedent of two case of excise act. Petitioner is hereby
directed that in future he will be vigilant in mentioning his
criminal antecedent.
7. Considering the aforesaid facts and circumstances
of the case, submissions made on behalf of the petitioner, let the
above named petitioner be released on bail in the event of his
arrest or surrender before the trial court within a period of six
weeks from today on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned JM-I, Siwan in connection with Darauli
P.S Case No. 327 of 2025 subject to the condition laid down
Patna High Court CR. MISC. No.11353 of 2026(2) dt.23-02-2026
3/3
under Section 482(2) of B.N.S.S.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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