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Patna High Court

Jitendra Kumar @ Jitendra RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied to petitioner 1 but granted to petitioner 2.

Summary

The petitioners, Jitendra Kumar and Amarjeet Kumar, were implicated in a robbery and assault case where they allegedly stopped an informant, demanded a rangdari, assaulted him with the butt of a pistol, and stole a gold chain and cash. Both sought anticipatory bail under Section 482(2) of the B.N.S.S. Petitioners argued innocence and lack of specific accusation against the second petitioner, while the State highlighted the FIR details and a prior conviction of the first petitioner under Section 395 IPC. The Court examined the specificity of the accusations, the criminal antecedent of petitioner 1, and the clean record of petitioner 2. It denied anticipatory bail to petitioner 1 due to the direct nature of the charge and his prior conviction, but granted bail to petitioner 2, noting the general nature of the accusation and his clean antecedents. The bail for petitioner 2 was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) conditions, and the application was disposed.

Issues considered

  • Whether anticipatory bail should be granted to petitioner 1 under Section 482(2) of the B.N.S.S. given the specific accusations and prior criminal antecedent.
  • Whether anticipatory bail should be granted to petitioner 2 under Section 482(2) of the B.N.S.S. considering the general nature of the accusation and his clean record.

Legislation cited

Subjects

  • anticipatory bail
  • robbery
  • assault with pistol
  • criminal antecedent
  • Section 482
  • Bihar High Court
  • Criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5402 of 2026
                        Arising Out of PS. Case No.-653 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
           1.     Jitendra Kumar @ Jitendra Rai Son of Shivchandra Ray Resident of Village
                  - Tada Singhara, P.S.- Mahua, District - Vaishali at Hajipur.
           2.    Amarjeet Kumar @ Amarjeet Rai Son of Shivchandra Ray Resident of
                 Village - Tada Singhara, P.S.- Mahua, District - Vaishali at Hajipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Ms. Sudha, Advocate
                 For the State            :        Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109, 308(5), 303(2), 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, on 09.06.2025 at about 6

                   PM, when the informant was returning from his daughter’s

                   sasural and reached at Tara Singhara village, in the meantime,

                   both these accused-petitioners, along with five unknown

                   persons, stopped him and demanded Rangdari and when the

                   informant opposed, all of them took out pistol and Petitioner

                   No.     1    assaulted      informant        with     butt    of      pistol     and
Patna High Court CR. MISC. No.5402 of 2026(2) dt.03-02-2026
                                            2/3




          thereafter, all the accused persons snatched gold chain and Rs.

          50,000/- cash from the informant.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Both parties are co-villagers and

          due to petty dispute, maar-peet took place between the parties in

          which both sides sustained injuries. There is case and counter-

          case. There is no specific accusation of overt act against

          Petitioner No. 2. Petitioner No. 2 claims clean antecedents.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioners and submitted that petitioners are named in the

          F.I.R. with specific accusation that they, along with five

          unknown persons, intercepted the informant, assaulted him with

          butt of pistol and snatched gold chain and cash from pocket of

          informant. There is specific accusation against Petitioner No. 1

          of demanding Rangdari and assaulting the informant. Petitioner

          No. 1 has got one criminal antecedent which was registered for

          the offence punishable under Section 395 of the Indian Penal

          Code.

                       6. Considering the facts and circumstances of the

          case, specific and direct nature of accusation and criminal
             Patna High Court CR. MISC. No.5402 of 2026(2) dt.03-02-2026
                                                         3/3




                       antecedent of the petitioner, the prayer for grant of anticipatory

                       bail to Petitioner No. 1 is rejected.

                                    7. So far as Petitioner No. 2 is concerned, considering

                       the facts and circumstances of the case, general and omnibus

                       nature of accusation, case and counter-case between the parties

                       and clean antecedents of the petitioner, the prayer for grant of

                       anticipatory bail to Petitioner No. 2 is allowed.

                                    8. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       Petitioner No. 2 be enlarged on bail on furnishing bail-bond of

                       Rs. 10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned S.J.-V-cum-A.C.J.M.-IV,

                       Vaishali at Hajipur in connection with Mahua P.S. Case No. 653

                       of 2025, subject to condition as laid down under Section 482(2)

                       of the B.N.S.S..

                                    9. With the aforesaid directions, this application

                       stands disposed of.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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