Patna High Court
Jitendra PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 149, 307, 323, 324, 341, 427, 448, 506
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
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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
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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
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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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