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Patna High Court

Jitan Sah @ Jitan Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are to be released on bail subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.

Summary

The petitioners, seven residents of Phulwariya village, sought relief from imminent arrest in connection with Chakia Police Station Case No. 239 of 2025, which alleged their involvement in an assault on an informant's family and the theft of a briefcase containing valuables. The prosecution alleged that the accused, armed with iron rods, assaulted the informant, her husband, and her son, causing injuries and stealing gold, silver ornaments and cash. The petitioners contended that the allegations against them were vague, that no specific injury was attributable to them, and that the incident arose from a local dispute without any intent to kill or cause grievous harm. They also highlighted that most of them had no prior criminal record and that the injuries were either simple or caused by other co‑accused. The State opposed bail, maintaining that the petitioners participated in the assault. The Court, noting the non‑specific nature of the accusations, the simple character of the injuries, and the lack of serious offence, ordered that the petitioners be released on bail with a bond of Rs. 10,000 each and specified conditions under Section 482(2) of the Bihar Criminal Procedure Code. The bail order was conditioned on the presence of a close relative as a surety and the petitioners’ attendance at all court dates.

Issues considered

  • Whether the petitioners are entitled to bail despite the non‑specific allegations of assault and theft under the BNS provisions.
  • Whether the nature and severity of the alleged injuries justify denial of bail.

Legislation cited

Subjects

  • bail
  • non‑specific allegations
  • assault
  • criminal procedure
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13561 of 2026
                   Arising Out of PS. Case No.-239 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
           1.     Jitan Sah @ Jitan Kumar Sah S/O Brahamdeo Sah R/O Village- Phulwariya,
                  P.S- Chakia, Distt.- East Champaran.
           2.    Shatrughna Sah @ Satrudhan Sah S/O Brahamdeo Sah R/O Village-
                 Phulwariya, P.S- Chakia, Distt.- East Champaran.
           3.    Niranjan Kumar S/O Chhotelal Sah R/O Village- Phulwariya, P.S- Chakia,
                 Distt.- East Champaran.
           4.    Chhotelal Sah S/O Satyug Sah R/O Village- Phulwariya, P.S- Chakia, Distt.-
                 East Champaran.
           5.    Rahul Kumar @ Narad Kumar S/O Rajeshwar Sah R/O Village- Phulwariya,
                 P.S- Chakia, Distt.- East Champaran.
           6.    Rajababu Kumar S/O Chhotelal Sah R/O Village- Phulwariya, P.S- Chakia,
                 Distt.- East Champaran.
           7.    Rahul Kumar S/O Chhotelal Sah R/O Village- Phulwariya, P.S- Chakia,
                 Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Shankar Shrivastava, Adv.
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   11-03-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                02. In the present case, the petitioners are apprehending

                   their arrest in connection with Chakia P.S. Case No. 239 of 2025

                   registered for the alleged offences under Section 126(2), 115(2),

                   118(1), 109, 75, 303(2), 351(2), 352, 3(5) of the BNS.

                                03. As per prosecution case, the petitioners and other

                   coaccused persons armed with iron rod, farsa assaulted the
Patna High Court CR. MISC. No.13561 of 2026(2) dt.11-03-2026
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          husband of the informant, her son and the informant as well

          causing injuries to them. The assailants also took away a briefcase

          from the house of the informant containing gold and silver

          ornaments and cash of Rs.40,000/-.

                       04. Learned counsel for the petitioners submits that the

          petitioners are innocent and have been falsely implicated in this

          case. There is general and omnibus allegation against the

          petitioners except coaccused Rohit Kumar, against him, there is

          allegation of hitting the son of the informant Ravindra Das on his

          nose with iron khanti. Learned counsel further submits that

          another specific allegation is against coaccused Santosh Kumar for

          causing injuries to Golu Kumar. The injuries of Golu Kumar and

          Ravindra Das is found grievous but there is no allegation against

          the petitioners for causing injuries to these two persons. Learned

          counsel further submits that there is counter version and petitioner

          no. 2 Shatrudhan Sah has filed Chakia PS Case No. 236 of 2025

          for the occurrence of same date but prior to the institution of the

          FIR of the informant of this namely Chhatiya Devi. Learned

          counsel further submits that the whole occurrence took place in a

          spontaneous manner in the background of local dispute between

          the parties. There was no intention to kill any person and no

          offences under Section 109 of the BNS is made out. The allegation

          of causing grievous injuries to two of the victims is not against the
Patna High Court CR. MISC. No.13561 of 2026(2) dt.11-03-2026
                                            3/4




          petitioners. Moreover injury of the injured Umesh Das, husband of

          the informant was found to be simple and caused by hard and

          blunt substance. Learned counsel further submits that petitioner

          nos. 1,3,4,5,6 and 7 have got no criminal antecedent and petitioner

          no. 2 has got one criminal antecedent.

                       05. Learned A.P.P. for the State opposes the submission

          made on behalf of the learned counsel for the petitioners. Learned

          A.P.P. submits the petitioners along with other coaccused persons

          assaulted the informant and her family members causing injuries

          to them.

                       06. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the non-

          specific nature of allegation against the petitioners and also

          considering the non-serious and simple nature of injury for which

          allegation of assault is against the petitioners, let the petitioners

          above named, in the event of their arrest or surrender before the

          court concerned within a period of eight weeks from today, be

          released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand Only) each with two sureties of the like amount

          each to the satisfaction of learned Court of CJM, East Champaran

          at Motihari in connection with Chakia P.S. Case No. 239 of 2025,

          subject to the condition laid down under Section 482(2) of the

          BNSS and other following conditions:
             Patna High Court CR. MISC. No.13561 of 2026(2) dt.11-03-2026
                                                         4/4




                                                        (i) One of the bailors will be a

                                                        close relative of the petitioners.

                                                        (ii) The petitioners will remain

                                                        present on each and every date

                                                        fixed by the court below, if so

                                                        required by the learned trial

                                                        court.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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