Patna High Court
Jitendra Kumar @ JituversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Jitendra Kumar, Narendra Kumar Yadav and Anuj Kumar Yadav, sought anticipatory bail after a FIR was lodged alleging their participation in an assault on an informant and his brother on 31 July 2025 during an election‑related dispute. The FIR, filed under multiple provisions of the Bharatiya Nyaya Sanhita, alleged that the petitioners, along with 10‑15 unknown persons, attacked the victims with a khanti and stole a gold locket. The petitioners contended that they were innocent, that the allegations were vague and omnibus, and that the injuries sustained were minor, arguing there was no specific overt act attributable to them. The informant opposed the bail application, insisting on the seriousness of the offences. The Court, after considering the nature of the accusations and the modest injuries, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, invoking its inherent powers under Section 482(2) of the BNSS. The order directed that if the petitioners are arrested or surrender within eight weeks, they be released on bail on compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the provisions of the Bharatiya Nyaya Sanhita and Section 482(2) of the BNSS.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118, 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- election dispute
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84694 of 2025
Arising Out of PS. Case No.-369 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
1. Jitendra Kumar @ Jitu Son of Krishna Prasad Yadav All Are Resident Of
Village - Hundrahi, P.S. - Akbarpur, District - Nawada.
2. Narendra Kumar Yadav Son of Radha Raman Prasad Resident Of Village -
Hundrahi, P.S. - Akbarpur, District - Nawada.
3. Anuj Kumar Yadav Son of Late Jitan Yadav All Are Resident Of Village -
Hundrahi, P.S. - Akbarpur, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, A.P.P.
For the Informant : Mr. Vibhuti Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-03-2026 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), 117(2),
118, 109, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, on 31.07.2025, when
informant and his brother were engaged in ploughing the field,
all the F.I.R. named accused persons, including these petitioners
and 10-15 unknown persons came there and assaulted them with
khanti, due to election dispute. It is further alleged that co-
Patna High Court CR. MISC. No.84694 of 2025(5) dt.17-03-2026
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accused Birendra Kumar snatched gold locket.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation of assault is general and omnibus and there is no
allegation of any specific overt act against these petitioners.
Injuries sustained by the injured are simple in nature. Case and
counter case. Rest of the allegations are ornamental only to
make the case grave.
5. Learned counsel for the informant vehemently
opposed the bail application.
6. Considering nature of accusation and injuries, this
anticipatory bail is allowed and it is ordered that let the above
named petitioners 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 like amount each to the
satisfaction of learned Judicial Magistrate, 1st Class, Nawada in
connection with Akbarpur P. S. Case No. 369 of 2025, subject to
condition as laid down under Section 482(2) of BNSS.
(Prabhat Kumar Singh, J)
Navya/-
U T
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