Patna High Court
Jitendra Singh @ Jitendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to petitioner No.1 but granted to petitioners No.2 and No.3 subject to bail‑bond conditions.
Summary
The petitioners, Jitendra Singh, Mitendra Singh and Satyam Singh, applied for anticipatory bail in a case alleging offences under several sections of the Bharatiya Nyaya Sanhita, including assault and robbery. The prosecution alleged that the petitioners participated in a violent incident in which the informant and his family were assaulted and gold jewellery was stolen. The petitioners claimed innocence, asserting a land dispute and clean antecedents. The court, after hearing counsel, held that petitioner No.1 (Jitendra Singh) caused grievous injury to the informant and therefore denied his anticipatory bail. However, considering the lesser nature of the accusations against petitioners No.2 and No.3, the court granted them anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 given the allegation of causing grievous injury.
- Whether anticipatory bail can be granted to petitioners No.2 and No.3 despite the pending charges under the Bharatiya Nyaya Sanhita.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- grievous injury
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77140 of 2025
Arising Out of PS. Case No.-132 Year-2025 Thana- PALANWA District- East Champaran
======================================================
1. Jitendra Singh @ Jitendra Kumar Singh S/o Late Bishundev Singh R/o
Village - Laukariya ,P.S - Palanwa, District - East Champaran
2. Mitendra Singh @ Mitendra Kumar Singh S/o Late Bishundev Singh R/o
Village - Laukariya ,P.S - Palanwa, District - East Champaran
3. Satyam Singh @ Kundan Singh S/o Mitendra Singh @ Mitendra Kumar
Singh R/o Village - Laukariya ,P.S - Palanwa, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
For the Informant ; Mr. Mohit Shriwastava, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
109(1), 352, 351(2), 303(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, on the alleged date and
time of occurrence, all the F.I.R. named accused persons,
including these petitioners, assaulted informant and his family
members and snatched gold jewellery.
4. Learned counsel appearing for the petitioners
Patna High Court CR. MISC. No.77140 of 2025(2) dt.16-01-2026
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submits that petitioners are innocent and have committed no
offence. Assertion of right, title and possession over a piece of
land, which is subject matter of the dispute, for which Title Suit
No. 226 of 1948 is also pending, maar-peet took place between
the parties in which both sides sustained injuries. Case and
counter-case. Petitioners claim clean antecedent.
5. Learned counsel for the State as well as learned
counsel for the informant opposed the bail application and
submitted that petitioner No. 1 caused grievous injury to the
informant.
6. In view of the fact that petitioner No. 1 caused
grievous injury, prayer for anticipatory bail of petitioner No.
1 is refused.
7. However, considering the nature of accusation
against petitioner Nos. 2 & 3, the anticipatory bail with regard
to petitioner Nos. 2 & 3 is allowed and it is ordered that the
above named petitioner Nos. 2 & 3 in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Raxaul at Motihari, East Champaran in connection with
Patna High Court CR. MISC. No.77140 of 2025(2) dt.16-01-2026
3/3
Palanwa P. S. Case No. 132 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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