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Patna High Court

Jitendra DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Jitendra Das, aged about 65, was in judicial custody for offences under Sections 126(2), 115(2), 109, 118, 351(3) and 352 of the Indian Penal Code arising from an alleged assault with an iron rod. The prosecution alleged that the petitioner and co‑accused injured an informant, but the medical report indicated only simple injuries caused by a blunt object and no repeated blows. The petitioner’s counsel argued that he was falsely implicated and that there were no independent witnesses. The State opposed regular bail. Considering the petitioner’s age, the nature of the injuries, the lack of independent witnesses, and the medical findings, the court ordered his release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • assault
  • false implication
  • medical report
  • age factor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2784 of 2026
                   Arising Out of PS. Case No.-419 Year-2025 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Jitendra Das S/o Late Kanik Das R/o village - Shahabad, P.S.- Sultanganj,
                 Dist. -Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Davendra Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Kalyan Shankar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is in custody in connection with

                   Sultanganj P.S Case No. 419 of 2025 registered for the offences

                   punishable under Sections 126(2), 115(2), 109, 118, 351(3), 352

                   BNS.

                                3. As per prosecution case, petitioner along with co-

                   accused have assaulted by iron rod and other weapons on the

                   informant due to which he sustained severe injuries.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. It is further

                   submitted that there is no independent witness of the alleged

                   offence. It is also submitted that petitioner is in judicial custody
           Patna High Court CR. MISC. No.2784 of 2026(2) dt.28-01-2026
                                                       2/2




                     since 19.09.2025.

                                  5. However, learned APP for the State oppose the

                     prayer for regular bail of the petitioner.

                                  6. On perusal of the FIR and impugned order, it

                     appears that both injured informant and another Kapil Kumar

                     have been examined by the doctor and doctor found the injury

                     simple in nature caused by hard and blunt object. Further no

                     repeated blow inflicted upon the injured. There is no

                     independent witness of the alleged offence. Petitioner is an old

                     man of aged about 65 years.

                                  7. Considering the aforesaid facts and circumstances

                     of the case and submissions made on behalf of the petitioner, let

                     the above named petitioner be released on bail on furnishing

                     bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of

                     the like amount each to the satisfaction of learned ACJM, 1 st ,

                     Bhagalpur in connection with Sultanganj P.S Case No. 419 of

                     2025.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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