Patna High Court
Jitendra DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Indian Penal Code — s. 109, 115(2), 118, 126(2), 351(3), 352
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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