Patna High Court

Jitendra RaiversusThe State of Bihar

Decided: 23 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Jitendra Rai was arrested in connection with a case alleging assault with a sharp weapon, resulting in injuries to an informant. The petitioner claimed innocence, arguing that the medical report showed injuries caused by a blunt object, not a sharp weapon, and that he was falsely implicated. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the court found the injury report raised doubts about the prosecution's case and considered the petitioner’s prolonged custody. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the accused despite the serious nature of the offences alleged.
Whether the medical evidence undermines the prosecution’s allegation of assault with a sharp weapon.
Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 191(2), 303(2), 352
Indian Penal Code — s. 147, 307, 323, 324, 341, 379, 504

Subjects

bail
assault
injury report
criminal antecedent
IPC
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12838 of 2026
                        Arising Out of PS. Case No.-409 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Jitendra Rai S/o- Lalbabu Ray @ Lalu Rai Village- Ferusa Pharusa PS-
                 Garkha District- Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar Vivek, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Garkha P.S. Case No. 409 of 2025 registered for the

                   offence punishable under Sections 191(2), 126(2), 115(2),

                   118(1), 109, 303(2), 352 of the B.N.S., 2023 corresponding to

                   Sections 147, 341, 323, 324, 307, 379, 504 of the Indian Penal

                   Code.

                                3. The case of the prosecution, in short, is that the

                   petitioner has assaulted with farsa, which hit on left side of

                   forehead of the informant. It is also alleged that all the accused

                   persons have assaulted him.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.12838 of 2026(3) dt.23-03-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. He also submits that there is also a counter version of this

          case and from the perusal of the injury report of the informant,

          which is annexed at Annexure-P/3, it will transpire that injury

          no. 1 is a lacerated wound, a sharp cut incised wound above the

          eyebrow. He also submits that according to the doctor, this

          injury is simple in nature, caused by a hard and blunt substance,

          and injury no. 2, which is said to be grievous in nature, was not

          caused by the petitioner; rather, it was caused by some other

          accused person. He further submits that as per the allegation, the

          petitioner has assaulted with farsa which is a sharp cutting

          weapon, whereas the doctor has opined that the injuries were

          caused by a hard and blunt object. The allegation and injury do

          not correlate. Moreover, the petitioner is languishing in judicial

          custody since 31.12.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of one case.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail
           Patna High Court CR. MISC. No.12838 of 2026(3) dt.23-03-2026
                                                       3/3




                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Class, Saran at Chapra in connection with Garkha

                     P.S. Case No. 409 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

Continue reading with your account

Checking your session…