Patna High Court
Jitendra Kumar @ Jitendra Kamat @ Jitendra Kumar KamatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The petitioners are entitled to bail subject to a bond of Rs 10,000, two sureties and a family‑member guarantor.
Summary
The petitioners, three brothers from Kunauli village, sought bail in connection with a criminal case (Kunauli PS Case No.40 of 2025) alleging assault offences under multiple sections of the BNS, 2023. The prosecution alleged that petitioner No.2 assaulted Gaurav Kumar with a stick, petitioner No.1 used a knife, and petitioner No.3 indiscriminately assaulted the informant and his family, causing injuries. The petitioners contended that the incident stemmed from a neighbour dispute, the injuries were simple, they have a clean antecedent, and a counter‑case had been filed against the informant. The State opposed bail, arguing the counter‑case was a ploy and the assault was serious. The Court, after hearing both sides, noted the petitioners’ fair antecedent, the minor nature of the injuries, and the existence of a counter‑case, and consequently ordered bail on a bond of Rs 10,000 with two sureties and a family‑member guarantor. The bail order was conditioned on compliance with Section 482(2) of the BNS, 2023.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the assault allegations under the BNS, 2023.
Subjects
- bail
- assault
- criminal procedure
- Bihar
- injury
- fair antecedent
- section 482
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73421 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- KUNAULI District- Supaul
======================================================
1. Jitendra Kumar @ Jitendra Kamat @ Jitendra Kumar Kamat S/O Late
Kapleshwar Kamat Resident of Village- Kunauli Ward No. 12, P.S. Kunauli,
District- Supaul
2. Aditya Aryan Son of Sri Jitendra Kumar @ Jitendra Kamat @ Jitendra
Kumar Kamat Resident of Village Kunauli, Ward No.- 12, P.S. Kunauli,
District - Supaul.
3. Janendra Kamat @ Janendra @ Janendra Kumar Kamat @ Zenendra Kamat
Son of Late Kapleshwar Kamat Resident of Village Kunauli, Ward No.- 12,
P.S. Kunauli, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13, Adv.
For the Opposite Party/s : Ms. Madhuri Lata, APP
Mr. Shailendra Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard learned Advocate for the petitioners, the
learned Advocate for the State as well as the learned Advocate
for the informant.
2. The petitioners apprehend their arrest in connection
with Kunauli P.S. Case No.40 of 2025 registered for the
offences punishable under Sections 191(2), 191(3), 190, 329(3),
126(2), 115(2), 118(1), 117(2), 109, 303(2), 352, 351(2) and
351(3) of the BNS, 2023.
3. Based upon the written report, the prosecution
alleges that petitioner no.2 assaulted one Gaurav Kumar by
Patna High Court CR. MISC. No.73421 of 2025(3) dt.11-02-2026
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means of danda due to which he sustained injury on his left
hand finger whereas petitioner no.1 assaulted the injured Gaurav
Kumar by means of knife on his left arm and petitioner no.3
indiscriminately assaulted to the informant and others by means
of danda due to which the informant as well as his son sustained
serious injuries.
4. The learned Advocate for the petitioners submitted
that the parties are neighbour and only on account of some
previous dispute, they entered into a scuffle resulting into some
unfortunate injuries. The alleged occurrence took place on
14.04.2025, but the present FIR came to be instituted on
16.04. 2025. So far the injury which is allegedly sustained to the
informant’s wife and his son are concerned, both the injuries
have been found to be simple in nature. There is a counter
version of the present case being Kunauli P.S. Case No. 41 of
2025 instituted against the informant and others. The petitioners
are men of fair antecedent.
5. On the other hand, learned Advocate for the State
and the informant vehemently opposed the bail application and
submitted that the counter version is nothing but a farce only in
order to save skin from the earlier case. Moreover there is a
specific accusation against the petitioners of causing assault and
Patna High Court CR. MISC. No.73421 of 2025(3) dt.11-02-2026
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there is corresponding injuries and, as such, their complicity in
the crime cannot be denied.
6. Having heard the learned Advocate for the
respective parties and taking note of the factum of case and
counter case, coupled with the genesis of the occurrence,
besides the injuries having been reported to be normal as well as
the fair antecedent of the petitioners, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class Birpur,
District-Supaul in connection with Kunauli P.S. Case No.40 of
2025, subject to the condition as laid down under Section 482(2)
of the BNSS, with further condition that one of the bailors shall
be the own/close family members of the petitioners.
(Harish Kumar, J)
rohit/-
U T
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