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Patna High Court

Jitendra PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to bond and conditions, under Section 482 of the CrPC.

Summary

The petitioners, a group of family members from Village Rata, sought anticipatory bail in connection with a case alleging assault on an informant’s husband and daughters, invoking several IPC offences (147, 149, 341, 323, 324, 307, 427, 448, 506). They contended that they were falsely implicated, that the alleged injuries were minor, and that they have clean antecedents. The State opposed the bail, asserting that the husband sustained injuries and all petitioners were involved. The court, after weighing the nature of the allegations, the alleged injuries, and the petitioners’ background, ordered that they be released on bail if arrested or they surrender, subject to a Rs 10,000 bond, sureties, and conditions under Section 482 of the CrPC. The order also directed verification of criminal antecedents and provided for cancellation of bail upon breach, noting that its observations would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482 CrPC given the serious nature of the alleged offences
  • Whether the alleged injuries and the claim of false implication justify denial of bail
  • Whether the petitioners’ clean antecedents warrant the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • assault
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2008 of 2026
                       Arising Out of PS. Case No.-67 Year-2023 Thana- HALSI District- Lakhisarai
                 ======================================================
           1.     Jitendra Pandit S/O Dharshan Pandit R/O Village- Rata, P.S- Halsi, Distt.-
                  Lakhisarai.
           2.    Fulendra Pandit S/O Dharshan Pandit R/O Village- Rata, P.S- Halsi, Distt.-
                 Lakhisarai.
           3.    Alkhi Devi W/O Dharshan Pandit R/O Village- Rata, P.S- Halsi, Distt.-
                 Lakhisarai.
           4.    Dharshan Pandit S/O Late Narayan Pandit R/O Village- Rata, P.S- Halsi,
                 Distt.- Lakhisarai.
           5.    Arti Kumari @ Arti Devi W/O Fulendra Pandit R/O Village- Rata, P.S-
                 Halsi, Distt.- Lakhisarai.
           6.    Arti Devi W/O Jitender Pandit R/O Village- Rata, P.S- Halsi, Distt.-
                 Lakhisarai.
           7.    Dinesh Pandit S/O Late Jharo Pandit R/O Village- Rata, P.S- Halsi, Distt.-
                 Lakhisarai.
           8.    Santu Kumar S/O Dinesh Pandit R/O Village- Rata, P.S- Halsi, Distt.-
                 Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   24-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in connection with Halsi P.S. Case No. 67 of 2023

                   instituted for the offences punishable under Sections 147, 149,

                   341, 323, 324, 307, 427, 448 and 506 of the Indian Penal Code.
Patna High Court CR. MISC. No.2008 of 2026(3) dt.24-02-2026
                                            2/4




                       3. The allegations as per the prosecution case is that

          all the named accused persons including the petitioners and

          some other persons entered the house of the informant and

          assaulted the informant’s husband causing head injury. It is

          further alleged that Fulendra Pandit (petitioner no. 2) assaulted

          the informant’s husband by means of Khanti and while Arti

          Kumari @ Arti Devi (petitioner no. 5) assaulted the informant

          by means of bricks and it is further alleged that the petitioners

          assaulted Shubani Kumari and Kavita Kumari, daughters of the

          informant.

                       4. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated and no such incident, as

          alleged, has occurred. It is further submitted that the entire

          family has been implicated in a false and concocted case and

          moreover though the injuries stated to have been caused by

          assault of Khanti and iron rod, however, from the counter

          affidavit it would appear that the injuries were found to be

          simple in nature. It has next been submitted that there is general

          and omnibus allegations levelled against all the petitioners and

          for the same incident there was a counter case lodged by

          petitioner no. 3 and in which persons of the petitioners’ side had

          received injuries. It has lastly been submitted that all the
Patna High Court CR. MISC. No.2008 of 2026(3) dt.24-02-2026
                                            3/4




          petitioners have clean antecedents.

                       5. Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for anticipatory bail of the

          petitioners and has stated that the husband of the informant had

          received injuries and all the petitioners were involved in the

          same.

                       6. Considering the facts and circumstances of the case

          and taking into account the nature of injuries and the general

          nature of allegation, the petitioners are directed to be released

          on bail, in the event of their arrest or surrender before the court

          below within a period of four weeks from the date of

          receipt/production of a copy of this order, on their furnishing

          bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned Chief Judicial Magistrate, Lakhisarai in connection with

          Halsi P.S. Case No. 67 of 2023, subject to the conditions as laid

          down under Section 482 of the BNSS and subject to the

          following conditions:-

                                               (i) One of the bailors will be a close
                                  relative of the petitioners and the other shall be a
                                  local resident:
                                               (ii) the petitioners will remain present on
                                  each and every date fixed by the Court below, if so
                                  required by the learned Trial Court;
                                               (iii) in case of absence on two
                                  consecutive dates or in violation of the terms of the
                                  bail, the bail bonds of the petitioners will liable to be
            Patna High Court CR. MISC. No.2008 of 2026(3) dt.24-02-2026
                                                        4/4




                                              cancelled by the Court concerned;
                                                          (iv) the Court below shall verify the
                                              criminal antecedent of the petitioners and in case at
                                              any stage, it is found that the petitioners have
                                              concealed their criminal antecedents, the court
                                              below shall take step for cancellation of bail bonds
                                              of the petitioners. However, the acceptance of bail
                                              bonds in terms of the above mentioned order shall
                                              not be delayed for purpose of the same on in the
                                              name of verification.

                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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