Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a cash bond, sureties and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Jitendra Kumar, applied for anticipatory bail after being implicated in a case (PS‑13/2026) alleging assault, robbery and possession of weapons under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The incident on 16‑01‑2026 involved a drunken altercation where the petitioner and co‑accused allegedly assaulted the informant and others, causing simple injury to the head and grievous injury to the left hand of Mitranjan Kumar. The petitioner contended that the case was a retaliatory "counter‑blast" to a separate case he had filed and that he has a clean criminal record. The State opposed bail, emphasizing the grievous nature of the injury. The Court examined the facts, noted that the grievous injury was not to a vital part of the body, and considered the petitioner’s clean antecedent and the mutual nature of the fight, and consequently granted anticipatory bail subject to a bond and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted despite the alleged offences and the grievous injury sustained by the victim
- Whether the petitioner’s clean antecedent and the fact that the injury was not to a vital part of the body justify bail
- Whether the claim of a counter‑blasting case affects the grant of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 352, 352(2), 482(2)
Subjects
- anticipatory bail
- grievous injury
- clean antecedent
- counter‑blasting case
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482(2)
- free fight
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35511 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- KARAI PARSURAI District- Nalanda
======================================================
Jitendra Kumar S/o Ramugrah Prasad R/o Village- Guldiya Kulriya Bigha,
PS- Karai Parsurai, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Adv.
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner, the learned
counsel for the informant and the learned APP for the State.
2. The petitioner apprehends his arrest in Karai Parsurai
P.S. Case No. 13 of 2026 registered under Sections- 126(2),
115(2), 117(2), 118(1), 109(1), 352(2), 352, 303(2), 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution story which has been lodged on
the basis of written report submitted by the informant to the
effect that on the alleged date of occurrence i.e 16.01.2026 at
around 6:30 PM, the informant and others were sitting beside
fire, in the meanwhile, all the accused persons including the
petitioner, came there armed with lathi, rod, pistol etc. in a
drunken condition. They started abusing the informant and on
protest made by the informant side, the petitioner is said to have
Patna High Court CR. MISC. No.35511 of 2026(2) dt.21-05-2026
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assaulted co-accused Mitranjan Kumar with an iron rod due to
which, he suffered injuries on his head and left hand. Other co-
accused also assaulted the informant and others. The petitioner
also snatched golden chain to the tune of Rs. 2 lakhs from
daughter-in-law of the informant.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the present case and
that the present case is the counter blast of Karai Parsurai P.S.
Case No. 12 of 2026 dated 17.01.2026 lodged under different
Section of the of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.)
against the informant and others by the petitioner. He further
submits that both the sides suffered injuries and the doctor who
has treated the injured Mitranjan Prasad alias Mitranjan Kumar
found the injuries on the head to be simple in nature, however,
he found the injuries sustained by the said injured on his left
hand to be grievous in nature. He further submits that petitioner
has got a clean antecedent.
5. Learned counsel appearing on behalf of the informant
submits that the petitioner assaulted the injured Mitranjan
Prasad alias Mitranjan Kumar, due to which he suffered injuries
on his head and his hand was fractured. The doctor found the
injury on hand to be grievous in nature and the injury on his
Patna High Court CR. MISC. No.35511 of 2026(2) dt.21-05-2026
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head to be simple in nature. He further submits that the
petitioner and other co-accused brutally assaulted the informant
and the other persons and all the other persons present there
sustained injuries.
6. The Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner and submits that the injuries
suffered by the informant were found to be grievous in nature.
7. Having considered the rival submissions and after going
through the records, it appears that the petitioner has also lodged
Karai Parsurai P.S. Case No. 12 of 2026 and the present case is a
counter blast of the said case. Further the injury suffered by the
injured Mitranjan Kumar alias Mitranajn Prasad on his head was
found to be simple in nature and the injury sustained by him on
his left hand was found to be grievous in nature and that is not
the vital part of the body. Further the petitioner has got a clean
antecedent and there is free fight between parties, in which, both
sides suffered injuries.
7. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of arrest/surrender
before the learned court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Ten thousand) with two sureties of the
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like amount each to the satisfaction of learned ACJM-I, Hilsa,
Nalanda in connection with Karai Parsurai P.S. Case No. 13 of
2026, subject to the conditions as laid down under Section
482(2) of the B.N.S.S., with further condition:
(I) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the Court concerned shall take steps for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Ritesh Kumar, J)
A.K.V.//-
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