Patna High Court

Jitendra KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The court held that the petitioner is entitled to regular bail and allowed the application.

Summary

The petitioner, Jitendra Kumar, applied for regular bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including assault and related offences. The prosecution alleged that on 1 November 2025 the petitioner, along with co‑accused, assaulted an informant and others, causing injuries. The petitioner contended that the specific assault allegations pertained only to the co‑accused and that the charges against him were vague and general. The State opposed the bail, but the court, after considering the facts and the nature of the allegations, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties. The application for bail was therefore allowed.

Issues considered

Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 for the offences alleged
Whether the general and omnibus nature of the allegations against the petitioner justifies bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 126(2), 190, 191(1), 351(2)

Subjects

regular bail
criminal procedure
assault
Bharatiya Nyaya Sanhita
co‑accused
general allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15466 of 2026
                     Arising Out of PS. Case No.-586 Year-2025 Thana- NOORSARAI District- Nalanda
                 ======================================================
                 Jitendra Kumar, aged about 25 years, son of Yogendra Gope, R/o Balchand
                 Bigha, PS Noorsarai, Dist. Nalanda.
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER
2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Noorsarai P. S. Case No. 586 of 2025 dated 06.11.2025,

                   registered under Sections 191(1),190, 126(2), 115(2), 351(2)

                   and 117(2) of the Bharatiya Nyaya Sanhita, 2023. Subsequently,

                   Section 109(1) of the BNS has also been added.

                                3. The prosecution case, in short, is that on

                   01.11.2025 at about 9:00 P.M., the accused persons, including

                   the petitioner assaulted the informant and others. It is further

                   alleged that co-accused Pawan Kumar assaulted the informant

                   with an iron rod causing head injury, while co-accused

                   Satyendra Yadav assaulted Subelal Yadav with a lathi, causing

                   serious injury.

                                4.Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the
           Patna High Court CR. MISC. No.15466 of 2026(2) dt.12-03-2026
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                     present case. It is further submitted that the specific allegations

                     of assault are against co-accused Pawan Kumar, who is said to

                     have assaulted the informant with an iron rod causing injury on

                     his head and co-accused Satyendra Yadav, who is said to have

                     assaulted Subelal Yadav by means of a lathi causing injury on

                     his head. The allegation against the petitioner and the other co-

                     accused persons is general and omnibus in nature. Lastly, it is

                     submitted that the petitioner is in judicial custody since

                     05.01.2026 and has only one criminal case pending against him.

                                  5. Learned Additional Public Prosecutor for the State

                     has opposed the prayer.

                                  6. Having considered the facts and circumstances of

                     the case and submissions of learned counsel for the parties, let

                     the petitioner be released on bail upon furnishing bail bonds of

                     Rs.10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Judicial Magistrate 1 st

                     Class- III, Nalanda, at Biharsharif, in connection with Noorsarai

                     P.S. Case No. 586 of 2025.

                                  7. The application stands allowed.


                                                  (Khatim Reza, J)
shyambihari/-
U

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