Patna High Court
Jitendra Yadav @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioners, subject to strict conditions and verification of their criminal antecedents.
Summary
The petitioners, six individuals from Bodhgaya, sought anticipatory bail in connection with PS case No. 743 of 2025, wherein they were charged under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act for allegedly assaulting an informant and his nephew with the intent to kill. The prosecution alleged that the petitioners, along with a large mob, attacked the informant's house using stones, bricks, lathis and iron rods, causing injuries. The petitioners contended that the case was fabricated as retaliation for a prior complaint against the informant and asserted their innocence, while also acknowledging varying criminal antecedents among them. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond per petitioner, two sureties, and several conditions including regular appearances before the trial court and the Superintendent of Police, verification of criminal antecedents, and possible cancellation for non‑compliance. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under the listed sections of the BNSS and Arms Act.
- Whether the petitioners' alleged criminal antecedents and the seriousness of the offences preclude the grant of bail.
- Whether the conditions imposed under Section 482 BNSS are appropriate to ensure the petitioners' compliance.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 125, 126(2), 190, 191(2), 191(3), 351(2), 352, 482, 74
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- bail conditions
- criminal antecedents
- false case allegation
- assault
- attempted murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8322 of 2026
Arising Out of PS. Case No.-743 Year-2025 Thana- BODHGAYA District- Gaya
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1. Jitendra Yadav @ Jitendra Kumar S/o- Kishori Yadav @ Nand Kishore
Prasad Resident of Village- Hariharpur PS- Bodhgaya District- Gaya ji
2. Pappu Yadav @ Pappu Kumar S/o- Kishori Yadav @ Nand Kishore Prasad
Resident of Village- Hariharpur PS- Bodhgaya District- Gaya ji
3. Chhotu Yadav @ Sandeep Kumar @ Kumar Sandeep S/o- Kishori Yadav @
Nand Kishore Prasad Resident of Village- Hariharpur PS- Bodhgaya
District- Gaya ji
4. Sonu Yadav @ Sonu Kumar S/o- Vijay Yadav Resident of Village- Amwan
PS- Bodhgaya District- Gaya ji
5. Amar Kumar S/o- Ram Pravesh Yadav Resident of Village- Newtapur PS-
Bodhgaya District- Gaya ji
6. Balla Yadav @ Sanjay KUmar S/o- Shyamdeo Yadav Resident of Village-
Pachhatti PS- Bodhgaya District- Gaya ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Choubey, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in connection with Bodhgaya P.S. Case No. 743 of 2025
Patna High Court CR. MISC. No.8322 of 2026(2) dt.17-02-2026
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instituted for the offences punishable under Sections 191(2),
191(3), 190, 115(2), 126(2), 117(2), 125, 74, 109(1), 352,
351(2) of the Bharatiya Nyaya Sanhita and Section 27 of the
Arms Act.
3. As per the prosecution case, the informant along
with his nephew Hasnain Khawas were pacifying the altercation
between Jitendra Yadav and Chandan Paswan. It is alleged that
all the petitioners along with other co-accused and 20-25
unknown persons came to his house and attacked by pelting
stones and bricks etc. and it is alleged that the accused Jitendra
Yadav and Chhotu Yadav with a view to kill the informant and
his nephew started assaulting him by lathi and iron rod and both
the persons got injured.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been dragged in this
case in retaliation to the previous case lodged by one Suganti
Devi being Bodhgaya P.S. Case No. 747 of 2025. It is submitted
that there was specific allegation against the informant of the
present case who had assaulted the said Suganti Devi and only
in retaliation to the same the present false and concocted case
has been registered. It is further submitted that from the injuries
which have been discussed in the impugned order and from
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perusal of the same it would be evident that all the injuries
caused by hard and blunt substance. It has lastly been submitted
that the petitioner no. 1 has one criminal antecedent, petitioner
no. 2 has two criminal antecedents, petitioner no. 3 has three
criminal antecedents, petitioner nos. 4 and 5 have no criminal
antecedent and petitioner no. 6 has three criminal antecedents.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioners are
directed to be released on bail, in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
their furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Gaya in
connection with Bodhgaya P.S. Case No. 743 of 2025, subject to
the conditions as laid down under Section 482 of the BNSS and
subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioners;
(ii) the petitioners will remain present on each and
every date fixed by the Court below, if so required by the
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learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedents of the petitioners and in case at any stage, it is
found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of
bail bonds of the petitioners. However, the acceptance of bail
bonds in terms of the above mentioned order shall not be
delayed for purpose of the same on in the name of verification.
(vi) in view of the antecedents of the petitioners, the
petitioners no. 1, 2, 3 and 6 are directed to appear before the
Superintendent of Police concerned within fifteen days of his
release with a copy of this order and every two weeks thereafter
for the next nine months. The conduct of the petitioners will be
kept under watch in this period by the Superintendent of Police
concerned and if it is found wanting in any respect, a report
shall be made to the court concerned by him to initiate a
proceeding for cancellation of bail for reasons of misuse of bail.
After reporting to the Superintendent of Police, a certificate will
be filed by the petitioners before the court concerned.
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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