Patna High Court
Jitendra Kumar @ Jitendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Jitendra Kumar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Substances Act, 2023, alleging that the FIR was filed five days after the alleged incident and was motivated by a land‑measurement dispute. He contended that the informant’s allegations of assault on children and family members were false and that a counter‑case had already been filed against the informant. The State opposed the bail, arguing the seriousness of the offences. The court examined the delay in filing the FIR, the context of the land dispute, and the statutory provisions governing anticipatory bail. It held that, notwithstanding the allegations, the petitioner was entitled to anticipatory bail subject to strict conditions, including furnishing bail bonds and sureties, and compliance with Section 482(2) of the B.N.S.S. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the FIR alleging multiple offences.
- Whether the delay in filing the FIR and the alleged land‑dispute motive render the allegations false and justify bail.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- section 482
- Bihar Negotiable Substances Act
- FIR delay
- land dispute
- false implication
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38445 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- PAHARPUR District- East Champaran
======================================================
Jitendra Kumar @ Jitendra Singh S/O Late Ambika Singh R/O Village- Siswa
Bajar, Rambaran Sah Ka Tola, P.S.- Paharpur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap
For the Opposite Party/s : Mr. Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-06-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 76, 303(2), 352, 351(2) and 3(5) of the
B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that on 06.01.2026 at 6.30 P.M. his grandson and granddaughter
were playing at the doorstep, when petitioner along with named
accused persons came and started assaulting the children, when
informant tried to save them, petitioner assaulted him by farsha
causing injury on his head, thereafter he fell and Ashok took his
Patna High Court CR. MISC. No.38445 of 2026(2) dt.24-06-2026
2/3
thumb impression on a blank paper as accused persons intended
to grab his land as land dispute is ensuing in between the
parties, further accused persons also assaulted his wife by fist
and when his daughter intervened, the accused assaulted her and
tore her cloths and snatched her ear-ring.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant on account of dispute relating to measurement of
land. It is next submitted that from perusal of the allegation as
alleged in the FIR, it would manifest that the date of occurrence
is 06.01.2026 and the FIR came to be instituted on 11.01.2026
i.e. after a delay of five days without any plausible explanation.
It is also submitted that from side of the petitioner, Paharpur P.S.
Case No.27 of 2026 has been instituted against the informant
and others. It is next submitted that a specific plea has been
made in the anticipatory bail application at Para-14 and 15 that
on the alleged date of occurrence, a scuffle took place on
account of dispute relating to measurement of land, in which
both side assaulted each other and petitioner along with his
mother received various injuries on head and accordingly the
aforesaid Paharpur P.S. Case No.27 of 2026 was instituted prior
to the instant F.I.R. as such the instant FIR is a counter blast. It
Patna High Court CR. MISC. No.38445 of 2026(2) dt.24-06-2026
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is also submitted that the injury suffered by the injured has been
opined to be simple in nature and the blow is not alleged to have
been repeated.
5. Learned A.P.P. for the State and the learned counsel
appearing on behalf of the informant opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Paharpur P.S. Case No.28 of 2026, subject to the conditions
as laid down under Section 482(2) B.N.S.S.
(Satyavrat Verma, J)
amit/-
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